B-126947, APR. 3, 1956

B-126947: Apr 3, 1956

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CANDIDO CULLA: REFERENCE IS MADE TO YOUR RECENT LETTER REGARDING OUR SETTLEMENT OF JULY 1. YOU STATED THAT YOU WERE EMPLOYED AS A CARPENTER. CONCERNING THAT PERIOD OF EMPLOYMENT THE DEPARTMENT OF THE ARMY REPORTS THAT YOU WERE NOT EMPLOYED AFTER NOVEMBER 30. PROVIDES IN PART AS FOLLOWS: "ANY PERSON WHO IS IN ACTIVE SERVICE AND WHO IS OFFICIALLY DETERMINED TO BE ABSENT IN A STATUS OF MISSING. FOR THE PERIOD HE IS OFFICIALLY CARRIED OR DETERMINED TO BE IN ANY SUCH STATUS. BE ENTITLED TO RECEIVE OR TO HAVE CREDITED TO HIS ACCOUNT THE SAME PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED AT THE BEGINNING OF SUCH PERIOD OF ABSENCE OR MAY BECOME ENTITLED THEREAFTER * * *.'. SINCE IT APPEARS FROM THE ADMINISTRATIVE RECORDS THAT YOU WERE NOT IN ACTIVE SERVICE ON DECEMBER 7.

B-126947, APR. 3, 1956

TO MR. CANDIDO CULLA:

REFERENCE IS MADE TO YOUR RECENT LETTER REGARDING OUR SETTLEMENT OF JULY 1, 1955, WHICH DISALLOWED YOUR CLAIM FOR ARREARS OF PAY ALLEGED TO BE DUE UNDER THE PROVISIONS OF THE MISSING PERSONS ACT, 56 STAT. 143, AS AMENDED, 50 U.S.C., WAR APP. 1001 TO 1015.

IN YOUR LETTER OF NOVEMBER 13, 1954, YOU STATED THAT YOU WERE EMPLOYED AS A CARPENTER, UNITED STATES ARMY QUARTERMASTER, FORT MCKINLEY, FROM AUGUST 1941 UP UNTIL THE OUTBREAK OF WORLD WAR II. CONCERNING THAT PERIOD OF EMPLOYMENT THE DEPARTMENT OF THE ARMY REPORTS THAT YOU WERE NOT EMPLOYED AFTER NOVEMBER 30, 1941.

THE MISSING PERSONS ACT, 50 U.S.C. 1002, PROVIDES IN PART AS FOLLOWS:

"ANY PERSON WHO IS IN ACTIVE SERVICE AND WHO IS OFFICIALLY DETERMINED TO BE ABSENT IN A STATUS OF MISSING, MISSING IN ACTION, INTERNED IN A FOREIGN COUNTRY, CAPTURED BY A HOSTILE FORCE, BELEAGUERED OR BESIEGED SHALL, FOR THE PERIOD HE IS OFFICIALLY CARRIED OR DETERMINED TO BE IN ANY SUCH STATUS, BE ENTITLED TO RECEIVE OR TO HAVE CREDITED TO HIS ACCOUNT THE SAME PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED AT THE BEGINNING OF SUCH PERIOD OF ABSENCE OR MAY BECOME ENTITLED THEREAFTER * * *.'

SINCE IT APPEARS FROM THE ADMINISTRATIVE RECORDS THAT YOU WERE NOT IN ACTIVE SERVICE ON DECEMBER 7, 1941, AT THE OUTBREAK OF HOSTILITIES NOR THEREAFTER UNTIL AFTER THE CESSATION OF HOSTILITIES IN THE PHILIPPINES, YOUR CASE DOES NOT FALL WITHIN THE PURVIEW OF THE MISSING PERSONS ACT, 50 U.S.C. 1001-1015, AND YOU THEREFORE ARE NOT ENTITLED TO ANY PAYMENT UNDER THAT ACT.

IN THE LIGHT OF THE FOREGOING, THE SETTLEMENT ACTION OF OUR OFFICE DISALLOWING YOUR CLAIM WAS PROPER AND UPON REVIEW IT IS SUSTAINED.