B-119390, DEC. 4, 1968

B-119390: Dec 4, 1968

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SOFIA RAOTO VDA DE CALM: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 21. WHO WAS KILLED IN ACTION DURING WORLD WAR II. THERE WAS ALLOWED TO THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES. AN EXPLANATION REGARDING THE ABOVE PAYMENTS WAS FURNISHED TO YOU IN OUR DECISION OF JUNE 10. IN THAT DECISION WE ADVISED YOU THAT THE ABOVE-MENTIONED DEPARTMENTAL SETTLEMENTS WERE ISSUED UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942. PROVIDES THAT DETERMINATIONS AND REDETERMINATIONS UNDER THE ACT AS TO THE MILITARY STATUS AND THE RIGHT TO PAY AND ALLOWANCES OF MEMBERS OF THE ARMY DURING A PERIOD WHEN SUCH PERSONS ARE IN A CASUALTY STATUS UNDER THE ACT ARE FINAL AND CONCLUSIVE.

B-119390, DEC. 4, 1968

TO MRS. SOFIA RAOTO VDA DE CALM:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MAY 21, 1968, ADDRESSED TO THE COMMANDING OFFICER, MILITARY PAY DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, AND RECEIVED HERE AUGUST 15, 1968, CONCERNING YOUR CLAIM FOR QUARTERS AND RATION ALLOWANCES BELIEVED TO BE DUE THE ESTATE OF YOUR LATE HUSBAND, SERAPIO CALM, AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS, WHO WAS KILLED IN ACTION DURING WORLD WAR II. YOU CLAIM AN AMOUNT DUE UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9206, DATED JULY 27, 1942.

OUR FILE SHOWS THAT BY SETTLEMENTS DATED JANUARY 8, 1948, AND JUNE 15, 1953, ISSUED BY OUR CLAIMS DIVISION, THERE WAS ALLOWED TO THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES, AS ADMINISTRATOR OF THE ESTATE OF YOUR LATE HUSBAND, THE AGGREGATE SUM OF $3,252.39, BASED UPON DEPARTMENTAL SETTLEMENTS OF ACCOUNT ISSUED BY THE DEPARTMENT OF THE ARMY. THAT SUM REPRESENTED BASE AND LONGEVITY PAY FROM DECEMBER 1, 1941, THROUGH SEPTEMBER 2, 1945 ($2,710.45) PLUS MONETARY ALLOWANCE FOR QUARTERS FOR DEPENDENTS AT THE RATE OF $15 PER MONTH FOR THE PERIOD DECEMBER 8, 1941, THROUGH APRIL 15, 1945 ($604), LESS CHARGES FOR CLASS N INSURANCE ALLOTMENT AT THE RATE OF $2.14 PER MONTH FOR THE MONTHS OF DECEMBER 1941 THROUGH APRIL 1944 ($62.06).

AN EXPLANATION REGARDING THE ABOVE PAYMENTS WAS FURNISHED TO YOU IN OUR DECISION OF JUNE 10, 1954, B-119390, COPY ENCLOSED. IN THAT DECISION WE ADVISED YOU THAT THE ABOVE-MENTIONED DEPARTMENTAL SETTLEMENTS WERE ISSUED UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001-1011 (1946 ED.); THAT THE ACT VESTS BROAD DISCRETION IN THE SECRETARY OF THE ARMY OR HIS DESIGNEE AND, AMONG OTHER THINGS, PROVIDES THAT DETERMINATIONS AND REDETERMINATIONS UNDER THE ACT AS TO THE MILITARY STATUS AND THE RIGHT TO PAY AND ALLOWANCES OF MEMBERS OF THE ARMY DURING A PERIOD WHEN SUCH PERSONS ARE IN A CASUALTY STATUS UNDER THE ACT ARE FINAL AND CONCLUSIVE.

SECTION 58 OF TITLE 78, PHILIPPINE ANNOTATED LAWS, PROVIDES THAT MONIES DUE DECEASED PHILIPPINE SCOUTS UNDER THE LAWS OF THE UNITED STATES ARE ADMINISTERED BY THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES, OR HIS DULY AUTHORIZED REPRESENTATIVE. THEREFORE, YOU ARE AGAIN ADVISED THAT UNDER THE PROVISIONS OF THE ABOVE-MENTIONED MISSING PERSONS ACT OF 1942, AS AMENDED, THE SECRETARY OF THE ARMY WAS AUTHORIZED TO DETERMINE THE RIGHT TO PAY AND ALLOWANCES OF MEMBERS OF THE ARMY FOR THE PERIOD THEY WERE IN A CASUALTY STATUS AND TO ISSUE DEPARTMENTAL SETTLEMENTS IN APPROPRIATE CASES. AS STATED IN OUR DECISION OF JUNE 10, 1954, AND AS INDICATED ABOVE, SUCH DETERMINATIONS AS WELL AS THE DEPARTMENTAL SETTLEMENTS WERE CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT AND ARE SUBJECT TO REVIEW ONLY BY THE SECRETARY OR HIS DESIGNATED REPRESENTATIVE.

THE DEPARTMENTAL SETTLEMENTS COVERING THE AMOUNT DETERMINED TO BE DUE THE ESTATE OF YOUR LATE HUSBAND AS OF SEPTEMBER 2, 1945, THE DATE HIS PAY STATUS TERMINATED, DID NOT INCLUDE CREDIT FOR SUBSISTENCE (RATIONS) ALLOWANCE AND, CONSEQUENTLY, THERE WAS NO AUTHORITY OF LAW FOR PAYMENT OF SUCH ALLOWANCE. SINCE THE DEPARTMENTAL SETTLEMENT OF MAY 14, 1953, INCLUDED THE SUM OF $604 AS MONETARY ALLOWANCE FOR QUARTERS DETERMINED TO BE DUE UNDER EXECUTIVE ORDER NO. 8688, DATED FEBRUARY 19, 1941, AND THAT SUM WAS PART OF THE AMOUNT OF $3,252.39, REPRESENTING PAY AND ALLOWANCES ALLOWED TO THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES, NO ADDITIONAL AMOUNT IS DUE THE ESTATE OF YOUR LATE HUSBAND.