B-102273, OCT. 28, 1964

B-102273: Oct 28, 1964

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MENDOZA: WE HAVE YOUR LETTER OF AUGUST 25. WHICH WAS TRANSMITTED TO US ON SEPTEMBER 9. WHICH AS AMENDED IS CODIFIED AT 50 U.S.C. WHICH YOU SAY WAS TERMINATED ON DECEMBER 10. DETERMINED THAT INASMUCH AS YOU WERE PAID IN FULL THROUGH YOUR LAST DAY OF WORK (DECEMBER 10. YOU ARE NOT CONSIDERED TO BE ENTITLED TO THE PAY BENEFITS OF THE ABOVE-CITED ACT. IT APPEARS THAT DETERMINATION WAS BASED UPON YOUR ORIGINAL AFFIDAVIT OF JUNE 23. MAY CHANGE OR MODIFY A DETERMINATION SUCH AS WAS MADE ON AUGUST 29. IN VIEW OF THE ACTION OF THE DEPARTMENT OF THE ARMY ON YOUR CLAIM THERE IS NO BASIS WHEREBY WE MAY RECONSIDER THE MATTER.

B-102273, OCT. 28, 1964

TO MR. WENCESLAO N. MENDOZA:

WE HAVE YOUR LETTER OF AUGUST 25, 1964, WHICH WAS TRANSMITTED TO US ON SEPTEMBER 9, 1964, BY THE UNITED STATES CIVIL SERVICE COMMISSION. BASED UPON THE PERIODS OF EMPLOYMENT DISCUSSED IN YOUR LETTER, YOU CLAIM "BACK PAY" UNDER THE PROVISIONS OF THE MISSING PERSONS ACT, 56 STAT. 143, WHICH AS AMENDED IS CODIFIED AT 50 U.S.C. APPENDIX 1001, ET SEQ.

AS TO YOUR EMPLOYMENT BY THE DEPARTMENT OF THE ARMY, QUARTERMASTER DEPOT, WHICH YOU SAY WAS TERMINATED ON DECEMBER 10, 1941, DUE TO SEVERE BOMBARDMENTS BY THE JAPANESE FORCES, THE RECORDS SHOW THAT ON AUGUST 29, 1949, THE PHILIPPINE COMMAND, U.S. ARMY, DETERMINED THAT INASMUCH AS YOU WERE PAID IN FULL THROUGH YOUR LAST DAY OF WORK (DECEMBER 10, 1941), AND SINCE YOU DID NOT SUBSEQUENT THERETO ENTER INTO A MISSING STATUS, YOU ARE NOT CONSIDERED TO BE ENTITLED TO THE PAY BENEFITS OF THE ABOVE-CITED ACT. IT APPEARS THAT DETERMINATION WAS BASED UPON YOUR ORIGINAL AFFIDAVIT OF JUNE 23, 1945.

SECTION 9 OF THE MISSING PERSONS ACT (SECTION 1009 OF THE CODE) PROVIDES THAT DETERMINATIONS MADE BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH SUBORDINATE AS HE MAY DESIGNATE IN THE ADMINISTRATION OF THE ACT "SHALL BE CONCLUSIVE AS TO DEATH OR FINDING OF DEATH, AS TO ANY OTHER STATUS DEALT WITH BY THIS ACT, AND AS TO AN ESSENTIAL DATE * * *.' FURTHER, AS TO DEPARTMENTAL DETERMINATIONS OF ENTITLEMENT OF ANY PERSON TO PAY AND ALLOWANCES, INCLUDING CREDITS AND CHARGES IN HIS ACCOUNT UNDER THAT ACT, SECTION 9 PROVIDES THAT "ALL SUCH DETERMINATIONS SHALL BE CONCLUSIVE.' ONLY THE HEAD OF THE DEPARTMENT CONCERNED, OR THE SUBORDINATE HE DESIGNATES, MAY CHANGE OR MODIFY A DETERMINATION SUCH AS WAS MADE ON AUGUST 29, 1949, AS TO THE QUESTION OF CONTINUANCE OF YOUR PAY AFTER DECEMBER 10, 1941.

IN VIEW OF THE ACTION OF THE DEPARTMENT OF THE ARMY ON YOUR CLAIM THERE IS NO BASIS WHEREBY WE MAY RECONSIDER THE MATTER. IN THAT CONNECTION WE INVITE YOUR ATTENTION TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH PRECLUDES OUR OFFICE FROM CONSIDERING A CLAIM NOT RECEIVED HERE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED.