B-106286, OCT. 25, 1961

B-106286: Oct 25, 1961

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JULIA DE LOS REYES GARCIA: FURTHER REFERENCE IS MADE TO YOUR PETITION OF SEPTEMBER 13. THE RECORD SHOWS THAT YOUR FATHER'S CLAIM FOR ARREARS OF RETIRED PAY WAS DENIED BY THE DEPARTMENT OF THE NAVY FOR THE REASON THAT HIS ACTIVITIES DURING THE ENEMY OCCUPATION OF THE PHILIPPINES IN WORLD WAR II WERE DETERMINED TO HAVE BEEN DETRIMENTAL TO THE SECURITY OF THE UNITED STATES GOVERNMENT. THE CLAIM WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED MAY 27. UPON REVIEW SUCH ACTION WAS SUSTAINED BY DECISION B-106286. IN YOUR PETITION YOU CONTEND YOUR FATHER WAS INNOCENT OF THE CHARGES AGAINST HIM. PROVIDES THAT MONIES UNDER THE LAWS OF THE UNITED STATES DUE TO DECEASED FILIPINOS WHO WERE MEMBERS OF THE UNITED STATES NAVY.

B-106286, OCT. 25, 1961

TO MRS. JULIA DE LOS REYES GARCIA:

FURTHER REFERENCE IS MADE TO YOUR PETITION OF SEPTEMBER 13, 1961, REQUESTING RECONSIDERATION OF THE ACTION OF THIS OFFICE IN DISALLOWING THE CLAIM OF YOUR LATE FATHER, JUAN DE LOS REYES, FOR ARREARS OF RETIRED PAY INCIDENT TO HIS SERVICE AS BOATSWAIN'S MATE SECOND CLASS, UNITED STATES NAVY (RETIRED) AND URGING PAYMENT TO YOU, AS SOLE HEIR OF YOUR FATHER'S ESTATE, OF THE AMOUNT DUE AS RETIRED PAY ON THE DATE OF HIS DEATH, APRIL 27, 1953.

THE RECORD SHOWS THAT YOUR FATHER'S CLAIM FOR ARREARS OF RETIRED PAY WAS DENIED BY THE DEPARTMENT OF THE NAVY FOR THE REASON THAT HIS ACTIVITIES DURING THE ENEMY OCCUPATION OF THE PHILIPPINES IN WORLD WAR II WERE DETERMINED TO HAVE BEEN DETRIMENTAL TO THE SECURITY OF THE UNITED STATES GOVERNMENT. THE CLAIM WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED MAY 27, 1949. UPON REVIEW SUCH ACTION WAS SUSTAINED BY DECISION B-106286, DATED SEPTEMBER 15, 1952, COPY ENCLOSED. IN YOUR PETITION YOU CONTEND YOUR FATHER WAS INNOCENT OF THE CHARGES AGAINST HIM, AND YOU CLAIM THE AMOUNT DUE HIS ESTATE AS ARREARS OF RETIRED PAY.

TITLE 78, PARAGRAPH 58, PHILIPPINE ANNOTATED LAWS, PROVIDES THAT MONIES UNDER THE LAWS OF THE UNITED STATES DUE TO DECEASED FILIPINOS WHO WERE MEMBERS OF THE UNITED STATES NAVY, THE SAID DECEASED BEING DOMICILED IN THE PHILIPPINES AT THE TIME OF THEIR DEATH, SHALL BE ADMINISTERED BY THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES, OR HIS DULY AUTHORIZED REPRESENTATIVE. IT FURTHER PROVIDES THAT THE TERM "MONIES" SHALL BE UNDERSTOOD TO INCLUDE ACCRUED RETIREMENT PROCEEDS WHICH UPON THE DEATH OF SUCH MEMBERS BECOME PART OF THEIR ESTATES. IN VIEW OF THAT PROVISION OF PHILIPPINE LAW THIS OFFICE MAY NOT CONSIDER YOUR CLAIM AS HEIR OF YOUR FATHER'S ESTATE FOR RETIRED PAY WHICH MAY HAVE BEEN DUE ON THE DATE OF HIS DEATH BY REASON OF HIS SERVICE IN THE UNITED STATES NAVY. IT IS SUGGESTED THAT YOU PRESENT YOUR CLAIM TO THE JUDGE ADVOCATE GENERAL, ARMED FORCES OF THE PHILIPPINES, CAMP MURPHY, QUEZON CITY, REPUBLIC OF THE PHILIPPINES. IF A CLAIM IS PRESENTED TO US BY THAT OFFICIAL, THE MATTER WILL RECEIVE FURTHER CONSIDERATION.