B-123448, JUN. 15, 1955

B-123448: Jun 15, 1955

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CASIMIRO DE LA PAZ: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE DEPARTMENT OF THE ARMY REPORTS IT HAS NO RECORDS TO ESTABLISH THAT YOU WERE EMPLOYED AT FORT MCKINLEY DURING THE PERIOD IN QUESTION AND. IT WAS DETERMINED YOU HAD NO STATUS WITHIN PURVIEW OF THE MISSING PERSONS ACT OF 1942. IN ACCORDANCE WITH SECTIONS 9 AND 11 OF THAT ACT SUCH REDETERMINATION OF YOUR STATUS OR ALLEGED WARTIME SERVICE IS FINAL AND CONCLUSIVE. IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE. IT WAS INCUMBENT UPON YOU IN 1945 TO PROVE CLEARLY YOUR ALLEGED SERVICE TO THE WAR DEPARTMENT. OUR RECORDS SHOW THE CITY OF MANILA WAS OVERRUN BY JAPANESE FORCES JANUARY 2.

B-123448, JUN. 15, 1955

TO MR. CASIMIRO DE LA PAZ:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28, 1955, AND ENCLOSURES, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR UNPAID COMPENSATION ALLEGEDLY DUE YOU AS AN EMPLOYEE OF THE WAR DEPARTMENT, FORT MCKINLEY, "PRIOR AND DURING WORLD WAR II.'

IN OUR SETTLEMENT DATED JULY 19, 1954, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE DEPARTMENT OF THE ARMY REPORTS IT HAS NO RECORDS TO ESTABLISH THAT YOU WERE EMPLOYED AT FORT MCKINLEY DURING THE PERIOD IN QUESTION AND, HENCE, THAT ON OCTOBER 2, 1945, IT WAS DETERMINED YOU HAD NO STATUS WITHIN PURVIEW OF THE MISSING PERSONS ACT OF 1942, 56 STAT. 143. IN ACCORDANCE WITH SECTIONS 9 AND 11 OF THAT ACT SUCH REDETERMINATION OF YOUR STATUS OR ALLEGED WARTIME SERVICE IS FINAL AND CONCLUSIVE, AND IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE.

THE DOCUMENTS YOU NOW SUBMIT DO NOT CONTAIN INFORMATION SUCH AS WOULD WARRANT A REFERRAL THEREOF TO THE DEPARTMENT OF THE ARMY FOR THE PURPOSE OF REOPENING YOUR CASE. AS INDICATED IN THE SETTLEMENT OF JULY 19, 1954, IT WAS INCUMBENT UPON YOU IN 1945 TO PROVE CLEARLY YOUR ALLEGED SERVICE TO THE WAR DEPARTMENT.

IN ANY EVENT, OUR RECORDS SHOW THE CITY OF MANILA WAS OVERRUN BY JAPANESE FORCES JANUARY 2, 1942, AND IT PROPERLY IS CONCLUDED THAT ANY PRIOR CIVILIAN DUTY AT FORT MCKINLEY CEASED PRIOR TO THAT DATE. THEREFORE, YOUR ATTENTION IS INVITED TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH BARS ANY CLAIM NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. YOUR PRESENT CLAIM--- SO FAR AS IT MAY INVOLVE THE PERIOD FROM 1938 THROUGH 1941--- WAS NOT RECEIVED IN OUR OFFICE UNTIL OCTOBER 22, 1953, AND RELATES TO A PERIOD PRIOR TO OCTOBER 22, 1943. ACCORDINGLY, IT IS BARRED BY THE SAID ACT OF 1940, AND WE LEGALLY MAY TAKE NO FURTHER ACTION THEREON.