B-126403, JAN. 16, 1956

B-126403, JAN. 16, 1956

TO MR. RUFINO L. TAYAG:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 14, 1955, REQUESTING A REVIEW OF OUR SETTLEMENT DATED OCTOBER 10, 1955, WHICH DENIED YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE, FOR THE PERIOD FEBRUARY 15, 1941, TO MAY 14, 1945, AS AN EMPLOYEE OF THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY) IN THE PHILIPPINE ISLANDS, UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF MARCH 7, 1942, AS AMENDED.

THE RECORD SHOWS THAT YOU PRESENTED THE CLAIM HERE. UNDER DATE OF MAY 3, 1949, WE FORWARDED THE CLAIM TO THE DEPARTMENT OF THE ARMY, INASMUCH AS IT PROPERLY WAS A MATTER FOR CONSIDERATION BY THAT DEPARTMENT. BY A REPORT DATED AUGUST 1, 1955, THE DEPARTMENT OF THE ARMY ADVISED US THAT YOU HAD BEEN EMPLOYED BY THE QUARTERMASTER CORPS, FORT STOTSENBURG, PHILIPPINE ISLANDS, IN THE CAPACITY OF A CARPENTER AT A RATE OF 75 CENTS A DAY. WAS FURTHER REPORTED THAT YOU WERE LAST PAID IN FULL TO INCLUDE NOVEMBER 30, 1941, AND WERE DETERMINED TO BE ENTITLED TO BENEFITS OF THE MISSING PERSONS ACT ONLY FOR THE PERIOD FROM DECEMBER 1 TO 8, 1941. PAYMENT FOR SUCH PERIOD, IN THE AMOUNT OF $4.50, WAS MADE ON PAYROLL NO. 325, VOUCHER NO. 2123, FEBRUARY 1946 ACCOUNTS OF CAPTAIN CARL GLICK, FINANCE DEPARTMENT.

IN YOUR REQUEST FOR REVIEW YOU STATE THAT YOUR CLAIM IS NOT FOR AN ADDITIONAL AMOUNT DUE FOR THE SERVICES PERFORMED BY YOU DURING THE PERIOD DECEMBER 1 TO 8, 1941, BUT THAT IT IS ONE FOR ,BACK PAY" WHICH YOU BELIEVE YOU ARE ENTITLED TO UNDER THE ABOVE-CITED STATUTE.

REGARDING CLAIMS UNDER THE MISSING PERSONS ACT, YOUR 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, OR 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 DEPARTMENT OF THE ARMY THAT THERE IS NO FURTHER AMOUNT DUE YOU UNDER THE MISSING PERSONS ACT OF MARCH 7, 1942, THE ACTION TAKEN IN THE SETTLEMENT OF OCTOBER 10, 1955, MUST BE SUSTAINED.