B-125791, DEC. 9, 1955

B-125791: Dec 9, 1955

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VIRAY: REFERENCE IS MADE TO YOUR AFFIDAVIT. INASMUCH AS IT PROPERLY WAS A MATTER FOR CONSIDERATION BY THAT DEPARTMENT. NO FURTHER AMOUNT WAS DUE YOU UNDER THE ACT. THE PRIOR REDETERMINATION FOUND THAT YOU WERE ENTITLED TO THE BENEFITS OF THE MISSING PERSONS ACT ONLY FROM DECEMBER 1 TO 11. THE RECORD ALSO SHOWS THAT SUBSEQUENTLY THERE WAS RECEIVED HERE FROM YOU AN AFFIDAVIT DATED JANUARY 9. IN WHICH YOU ALLEGED THAT AN AMOUNT WAS DUE YOU FOR SERVICES RENDERED THE DEPARTMENT OF THE ARMY DURING THE PERIOD 1945 THROUGH 1947. OUR OFFICE DISALLOWED THIS CLAIM FOR THE REASON THAT A TRANSCRIPT OF THE APPLICABLE RECORDS FURNISHED US BY THE ADMINISTRATIVE OFFICE DISCLOSED THAT YOU WERE CORRECTLY PAID UNDER PREVAILING NATIVE WAGE SCALES DURING THE PERIOD INVOLVED AND THAT NO UNDERPAYMENT OCCURRED.

B-125791, DEC. 9, 1955

TO MR. FRANCISCO P. VIRAY:

REFERENCE IS MADE TO YOUR AFFIDAVIT, DATED JUNE 19, 1955, WHICH APPEARS TO BE IN THE NATURE OF AN APPEAL FROM THE ACTION OF THE DEPARTMENT OF THE ARMY, ON OCTOBER 27, 1949, DENYING YOUR CLAIM FOR CERTAIN BENEFITS UNDER THE MISSING PERSONS ACT OF MARCH 7, 1942, AS AMENDED, AS A CIVILIAN EMPLOYEE OF THAT DEPARTMENT.

THE RECORD SHOWS THAT YOU PRESENTED THE CLAIM HERE. UNDER DATE OF OCTOBER 19, 1949, WE FORWARDED THE CLAIM TO THE DEPARTMENT OF THE ARMY, INASMUCH AS IT PROPERLY WAS A MATTER FOR CONSIDERATION BY THAT DEPARTMENT. BY LETTER DATED OCTOBER 27, 1949, THE DEPARTMENT OF THE ARMY ADVISED YOU, IN EFFECT, THAT IN VIEW OF A REDETERMINATION DATED JANUARY 18, 1946, WHICH HAD BEEN MADE IN YOUR CASE, NO FURTHER AMOUNT WAS DUE YOU UNDER THE ACT. THE PRIOR REDETERMINATION FOUND THAT YOU WERE ENTITLED TO THE BENEFITS OF THE MISSING PERSONS ACT ONLY FROM DECEMBER 1 TO 11, 1941. THE $4.50, TO WHICH YOU REFER, APPARENTLY, REPRESENTED PAYMENT FOR THAT PERIOD.

THE RECORD ALSO SHOWS THAT SUBSEQUENTLY THERE WAS RECEIVED HERE FROM YOU AN AFFIDAVIT DATED JANUARY 9, 1950, IN WHICH YOU ALLEGED THAT AN AMOUNT WAS DUE YOU FOR SERVICES RENDERED THE DEPARTMENT OF THE ARMY DURING THE PERIOD 1945 THROUGH 1947. UNDER DATE OF JULY 11, 1950, OUR OFFICE DISALLOWED THIS CLAIM FOR THE REASON THAT A TRANSCRIPT OF THE APPLICABLE RECORDS FURNISHED US BY THE ADMINISTRATIVE OFFICE DISCLOSED THAT YOU WERE CORRECTLY PAID UNDER PREVAILING NATIVE WAGE SCALES DURING THE PERIOD INVOLVED AND THAT NO UNDERPAYMENT OCCURRED.

WITH REGARD TO THE CLAIMS UNDER THE MISSING PERSONS ACT, ATTENTION IS INVITED TO SECTIONS 9 AND 11 THEREOF (56 STAT. 145, 146) WHICH PROVIDE AS FOLLOWS:

"SEC. 9. WITHIN THE SCOPE OF THE AUTHORITY GRANTED BY THIS ACT, THE DETERMINATION BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH PERSON AS HE MAY DESIGNATE, OF THE STATUS OF A PERSON IN THE MILITARY OR NAVAL FORCES, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, THE PUBLIC HEALTH SERVICE, OR CIVILIAN OFFICERS OR EMPLOYEES AS DEFINED IN PARAGRAPH (A) (3) OF SECTION 1 OF THIS ACT, OF HIS DIRECTION RELATIVE TO CONTINUANCE, TEMPORARY SUSPENSION, OR RESUMPTION OF PAYMENT OF PAY AND ALLOWANCES, OR FINDING OF DEATH, SHALL BE CONCLUSIVE.

"SEC. 11. THE HEAD OF THE DEPARTMENT CONCERNED, OR SUCH PERSON AS HE MAY DESIGNATE, IS AUTHORIZED TO SETTLE THE ACCOUNTS OF PERSONS FOR WHOSE ACCOUNT PAYMENTS HAVE BEEN MADE PURSUANT TO THE PROVISIONS OF SECTIONS 2 TO 7, BOTH INCLUSIVE, OF THIS ACT, AND THE ACCOUNTS OF SURVIVORS OF CASUALTIES TO SHIPS, STATIONS AND MILITARY INSTALLATIONS WHICH RESULT IN LOSS OR DESTRUCTION OF DISBURSING RECORDS, AND SUCH SETTLEMENTS SHALL BE CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT IN EFFECTING SETTLEMENTS OF THE ACCOUNTS OF DISBURSING OFFICERS.'

IT IS APPARENT FROM THE ABOVE-QUOTED PROVISIONS THAT "THE DETERMINATION BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH PERSON AS HE MAY DESIGNATE" SHALL BE CONCLUSIVE. ACCORDINGLY, SINCE A DETERMINATION WAS MADE BY THE ADMINISTRATIVE OFFICE THAT THERE IS NO FURTHER AMOUNT DUE YOU UNDER THE MISSING PERSONS ACT OF MARCH 7, 1942, SUCH ACTION CANNOT BE QUESTIONED BY OUR OFFICE.