B-123711, MAY 1, 1964

B-123711: May 1, 1964

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WHICH WAS RECEIVED IN OUR OFFICE ON MARCH 2. THE DEPARTMENT OF THE NAVY REPORTED TO US THAT YOU WERE PAID 90 DAYS LUMP SUM LEAVE AS PART OF THE PAYMENT MADE YOU UNDER THE MISSING PERSONS ACT APPROVED MARCH 7. NO SEPARATE LUMP-SUM LEAVE PAYMENT WAS MADE TO YOU. SINCE THE PAYMENT FOR LEAVE WAS INCLUDED ALONG WITH OTHER MONEYS ALLOWED YOUR PURSUANT TO THE MISSING PERSONS ACT. WE ARE WITHOUT AUTHORITY TO REVIEW THE SETTLEMENT MADE BY THE DEPARTMENT OF THE NAVY. WE DO NOT HAVE A RECORD OF THE PAYMENT MADE IN YOUR CASE UNDER THE MISSING PERSONS ACT SINCE THAT PAYMENT WAS MADE BY THE DEPARTMENT OF THE NAVY. APPARENTLY SUCH PAYMENT WAS MADE SOMETIME BEFORE 1954. IT IS POSSIBLE THAT THE NAVY DEPARTMENT.

B-123711, MAY 1, 1964

TO MR. FORTUNATO REYES:

BY LETTER DATED DECEMBER 9, 1963, WHICH WAS RECEIVED IN OUR OFFICE ON MARCH 2, 1964, YOU REQUESTED THAT EVIDENCE BE FURNISHED YOU TO SHOW THAT PAYMENT HAS BEEN MADE TO YOU IN A LUMP SUM FOR ANNUAL LEAVE AS A RESULT OF YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE NAVY IN THE NAVY SECTION BASE, MARIVELES, BATAAN, PHILIPPINES, PRIOR TO THE WAR WITH JAPAN.

AS WE INFORMED YOU IN OUR DECISION OF MAY 23, 1955, B-123711, THE DEPARTMENT OF THE NAVY REPORTED TO US THAT YOU WERE PAID 90 DAYS LUMP SUM LEAVE AS PART OF THE PAYMENT MADE YOU UNDER THE MISSING PERSONS ACT APPROVED MARCH 7, 1942, CH. 166, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001 ET.SEQ. NO SEPARATE LUMP-SUM LEAVE PAYMENT WAS MADE TO YOU. SINCE THE PAYMENT FOR LEAVE WAS INCLUDED ALONG WITH OTHER MONEYS ALLOWED YOUR PURSUANT TO THE MISSING PERSONS ACT, WE ARE WITHOUT AUTHORITY TO REVIEW THE SETTLEMENT MADE BY THE DEPARTMENT OF THE NAVY, AS PROVIDED BY SECTION 9 OF THE MISSING PERSONS ACT.

FURTHERMORE, WE DO NOT HAVE A RECORD OF THE PAYMENT MADE IN YOUR CASE UNDER THE MISSING PERSONS ACT SINCE THAT PAYMENT WAS MADE BY THE DEPARTMENT OF THE NAVY. APPARENTLY SUCH PAYMENT WAS MADE SOMETIME BEFORE 1954. IT IS POSSIBLE THAT THE NAVY DEPARTMENT, OFFICE OF INDUSTRIAL RELATIONS, MAY BE ABLE TO FURNISH YOU INFORMATION AS TO THE AMOUNT ALLOWED YOU UNDER THE MISSING PERSONS ACT AND WHETHER THE CHECK ISSUED TO YOU IN PAYMENT THEREOF WAS CASHED AND PAID BY THE TREASURER OF THE UNITED STATES.