B-124795, SEP. 13, 1955

B-124795, SEP. 13, 1955

TO MR. FORTUNATO L. PAGULONG:

REFERENCE IS MADE TO A LETTER DATED MAY 16, 1955, AND ENCLOSURES, WRITTEN ON YOUR BEHALF BY MR. SEVERINO GONZALES, CONCERNING YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS ON ACCOUNT OF A DEPENDENT MOTHER DURING THE PERIOD APRIL 21, 1947, TO DECEMBER 17, 1948, INCIDENT TO YOUR SERVICE AS STAFF SERGEANT (THIRD GRADE), PHILIPPINE SCOUTS.

SUBSEQUENT TO THE RECEIPT OF YOUR CLAIM FOR SUCH ALLOWANCE YOU WERE ADVISED BY LETTERS DATED SEPTEMBER 1, 1949, AND APRIL 26, 1951, FROM OUR CLAIMS DIVISION, THAT IT WOULD BE NECESSARY THAT YOU FURNISH RECEIPTS EVIDENCING THE EXPENSES INCURRED FOR QUARTERS FOR YOUR DEPENDENT MOTHER DURING THE PERIOD OF YOUR CLAIM. ON AUGUST 31, 1951, THERE WAS RECEIVED FROM YOU A STATEMENT BEARING AN ILLEGIBLE SIGNATURE OVER THE NOTATION "HOUSE OWNER" STATING THAT IT WAS AGREED WITH YOUR MOTHER THAT THE RENTAL OF A HOUSE WAS 39 PESOS A MONTH. SUCH STATEMENT, HOWEVER, DID NOT ACKNOWLEDGE RECEIPT OF PAYMENT OF ANY AMOUNT. BY SETTLEMENT DATED DECEMBER 5, 1951, OF THE CLAIMS DIVISION, YOU WERE ADVISED THAT SUCH STATEMENT COULD NOT BE ACCEPTED AS EVIDENCING THE COST OF LODGING OF YOUR MOTHER AND THAT IN THE ABSENCE OF ACTUAL RECEIPTED BILLS RECEIVED MONTHLY BY HER FOR THE PAYMENT OF HER RENT, OR A NOTARIZED STATEMENT SHOWING AMOUNTS EXPENDED BY YOU OR YOUR MOTHER INCIDENT TO HER LODGING, NO PAYMENT COULD BE MADE IN CONNECTION WITH YOUR CLAIM.

THERE WAS SUBMITTED WITH THE LETTER OF MAY 16, 1955, A COPY OF YOUR AFFIDAVIT EXECUTED OCTOBER 21, 1951, AVERRING THAT $40 A MONTH, OR $840, WAS SENT BY YOU TO YOUR MOTHER DURING THE PERIOD APRIL 1947 TO DECEMBER 17, 1948. THERE WAS ALSO SUBMITTED A COPY OF A LETTER DATED JULY 12, 1949, FROM COLONEL H. V. BROWN, FD, CHIEF, FAMILY ALLOWANCE DIVISION, OFFICE OF THE CHIEF OF FINANCE, ST. LOUIS 20, MISSOURI, TO THE EFFECT THAT A FAVORABLE DETERMINATION OF DEPENDENCY WAS MAILED ON JANUARY 13, 1949, TO THE COMMANDING OFFICER, HEADQUARTERS FIRST BATTALION, 57TH REGIMENT (PS), APO 900. MR. GONZALES URGES THAT FAVORABLE CONSIDERATION BE GIVEN YOUR CLAIM ON THE BASIS OF THE AFFIDAVIT EXECUTED OCTOBER 21, 1951, AND THE LETTER OF JULY 12, 1949.

PARAGRAPH 28A, ARMY REGULATIONS 35-4520, DATED DECEMBER 3, 1946, APPLICABLE IN YOUR CASE, PROVIDED THAT AN ENLISTED MAN OF THE FIRST THREE GRADES IN THE PHILIPPINE SCOUTS WHO WAS NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS, AND WHO HAD A DEPENDENT AS DEFINED IN PARAGRAPH 14 OF THOSE REGULATIONS, SHOULD BE ENTITLED TO RECEIVE, FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS WERE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT, THE MONEY ALLOWANCE FOR QUARTERS PRESCRIBED IN PARAGRAPH 12 OF THE SAME REGULATIONS FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS IN A NONTRAVEL STATUS. PARAGRAPH 12B OF THE REGULATIONS PROVIDED THAT ALLOWANCE FOR QUARTERS PAYABLE TO PHILIPPINE SCOUTS WAS TO BE AT THE RATE OF NOT TO EXCEED 65 CENTS PER DAY FOR ACTUAL EXPENSES INCURRED FOR LODGING OF THE DEPENDENT, SUBJECT TO THE SAME RESTRICTIONS AS APPLIED IN CASES OF ENLISTED MEN OF THE REGULAR ARMY.

THE DETERMINATION OF DEPENDENCY, REFERRED TO IN THE LETTER OF JULY 12, 1949, A COPY OF WHICH DETERMINATION IS ON FILE HERE, CONTAINS NO INFORMATION AS TO THE AMOUNTS ACTUALLY EXPENDED BY YOU FOR THE LODGING OF YOUR DEPENDENT MOTHER DURING THE PERIOD OF YOUR CLAIM. LIKEWISE, YOUR AFFIDAVIT EXECUTED OCTOBER 21, 1951, LONG AFTER THE PERIOD OF YOUR CLAIM, MAY NOT BE CONSIDERED AS ACCEPTABLE EVIDENCE OF THE AMOUNTS EXPENDED BY YOU FOR YOUR MOTHER'S LODGING. MOREOVER, THERE HAS NOT BEEN SUBMITTED ANY EVIDENCE TO ESTABLISH THAT PUBLIC QUARTERS WERE NOT AVAILABLE FOR YOUR MOTHER DURING THE PERIOD OF YOUR CLAIM AND THAT YOU WERE NOT ENTITLED TO RECEIVE THE NONTRAVEL QUARTERS ALLOWANCE IN YOUR OWN RIGHT DURING SUCH PERIOD.

ACCORDINGLY, ON THE BASIS OF THE EXISTING RECORD, PAYMENT OF YOUR CLAIM IS NOT AUTHORIZED AND, UNLESS THERE IS SUBMITTED EVIDENCE MEETING THE REQUIREMENTS OF THE REGULATIONS, WE MAY NOT GIVE YOUR CLAIM FAVORABLE CONSIDERATION. THE SETTLEMENT OF DECEMBER 5, 1951, IS SUSTAINED.