B-114285, MAY 8, 1956

B-114285: May 8, 1956

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DE TUELLS: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16. INDIVIDUAL MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES ARE NOT ENTITLED TO DIRECT PAYMENTS OF PAY AND ALLOWANCES BY THE UNITED STATES BECAUSE OF SERVICE IN THE ARMY OF THE PHILIPPINES AND THAT ANY PAY AND ALLOWANCES WHICH MAY BE DUE THEM FOR SUCH SERVICE IS AN OBLIGATION OF THE PHILIPPINE GOVERNMENT. AS ALSO EXPLAINED TO YOU IN THAT DECISION SINCE NOTHING WAS DUE YOUR HUSBAND DIRECTLY FROM THE UNITED STATES ON ACCOUNT OF MILITARY SERVICE NOTHING IS DUE HIS ESTATE FROM THE UNITED STATES. YOU STILL APPEAR TO BE OF THE BELIEF THAT YOUR HUSBAND WAS ENTITLED TO PAY AND ALLOWANCES FROM THE UNITED STATES. WE HAVE BEEN INFORMALLY ADVISED THAT A WIDOW'S SHARE OF THE PAY AND ALLOWANCES DUE YOUR HUSBAND AS A MEMBER OF THE PHILIPPINE ARMY WAS PAID TO YOU BY THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY.

B-114285, MAY 8, 1956

TO MRS. SATURNINA PEREZ VDA. DE TUELLS:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16, 1956, CONCERNING YOUR CLAIM FOR ARREARS OF PAY AND ALLOWANCES BELIEVED TO BE DUE IN THE CASE OF YOUR HUSBAND, JULIO PEREZ TUELLS, WHO DIED IN 1942, WHILE SERVING WITH UNITED STATES ARMED FORCES AS A MEMBER OF THE PHILIPPINE ARMY.

AS EXPLAINED TO YOU IN OUR DECISION OF MAY 11, 1953, B-114285, INDIVIDUAL MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES ARE NOT ENTITLED TO DIRECT PAYMENTS OF PAY AND ALLOWANCES BY THE UNITED STATES BECAUSE OF SERVICE IN THE ARMY OF THE PHILIPPINES AND THAT ANY PAY AND ALLOWANCES WHICH MAY BE DUE THEM FOR SUCH SERVICE IS AN OBLIGATION OF THE PHILIPPINE GOVERNMENT. AS ALSO EXPLAINED TO YOU IN THAT DECISION SINCE NOTHING WAS DUE YOUR HUSBAND DIRECTLY FROM THE UNITED STATES ON ACCOUNT OF MILITARY SERVICE NOTHING IS DUE HIS ESTATE FROM THE UNITED STATES. YOU STILL APPEAR TO BE OF THE BELIEF THAT YOUR HUSBAND WAS ENTITLED TO PAY AND ALLOWANCES FROM THE UNITED STATES; HOWEVER, NO RECORD HAS BEEN FOUND IN EITHER THE DEPARTMENT OF THE ARMY OR THE DEPARTMENT OF THE NAVY THAT YOUR HUSBAND SERVED AS A MEMBER OF THE MILITARY OR NAVAL FORCES OF THE UNITED STATES. MOREOVER, WE HAVE BEEN INFORMALLY ADVISED THAT A WIDOW'S SHARE OF THE PAY AND ALLOWANCES DUE YOUR HUSBAND AS A MEMBER OF THE PHILIPPINE ARMY WAS PAID TO YOU BY THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY. ACCORDINGLY, THE DENIAL OF YOUR CLAIM WAS CORRECT AND THE DECISION OF MAY 11, 1953, IS AFFIRMED.

RESPECTING YOUR REQUEST CONCERNING A PAPER APPARENTLY EXECUTED BY YOU IN 1945 IN CONNECTION WITH THE PROCESSING OF YOUR ORIGINAL CLAIM, AND A DOCTOR'S STATEMENT REGARDING YOUR MENTAL CONDITION, YOU ARE ADVISED THAT WE DO NOT FIND ANY SUCH PAPERS IN OUR FILE. IT IS SUGGESTED THAT YOU CONTACT THE RECOVERED PERSONNEL RECORDS BRANCH, ARMY RECORDS CENTER, 9700 PAGE BOULEVARD, ST. LOUIS 14, MISSOURI.