B-127090, AUG. 15, 1956

B-127090, AUG. 15, 1956

TO MR. EULOGIO T. VELEZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 26, 1955, CONCERNING YOUR CLAIM FOR AMOUNTS BELIEVED TO BE DUE YOU INCIDENT TO YOUR MILITARY SERVICE DURING THE PERIOD FROM DECEMBER 1, 1941, TO MAY 16, 1946. APPEARS TO BE YOUR PRINCIPAL CONTENTION THAT DURING THE PERIOD INVOLVED, EXCEPT FROM AUGUST 3, 1942, TO MAY 14, 1945, YOU SHOULD HAVE RECEIVED PAY AT THE RATE PROVIDED BY LAW FOR A PRIVATE, FIRST CLASS, UNITED STATES ARMY.

THE OFFICIAL RECORDS SHOW THAT YOU ENLISTED IN THE PHILIPPINE SCOUTS ON FEBRUARY 16, 1941, IN THE GRADE OF PRIVATE; THAT YOU WERE APPOINTED PRIVATE, FIRST CLASS, ON APRIL 20, 1941; AND THAT YOU WERE HONORABLY DISCHARGED ON JUNE 6, 1945. ON JUNE 7, 1945, YOU ENLISTED IN THE ARMY OF THE UNITED STATES IN THE GRADE OF PRIVATE, FIRST CLASS, AND WERE HONORABLY DISCHARGED ON MAY 16, 1946, IN THE SAME GRADE. YOUR STATUS UNDER THE MISSING PERSONS ACT FROM NOVEMBER 30, 1941, TO MAY 15, 1945, IS REPORTED BY THE DEPARTMENT OF THE ARMY AS FOLLOWS:

CHART

STATUS FROM TO

DUTY 1 DEC 41 7 DEC 41

BELEAGUERED 8 DEC 41 17 APR 42

PRISONER OF WAR 18 APR 42 19 APR 42

MISSING IN ACTION 20 APR 42 2 AUG 42

NO CASUALTY STATUS 3 AUG 42 14 MAY 45

THE LAWS IN EFFECT DURING THE PERIOD INVOLVED PROVIDED THAT THE PAY AND ALLOWANCES OF WHATEVER NATURE AND KIND TO BE AUTHORIZED FOR THE ENLISTED MEN OF THE PHILIPPINE SCOUTS SHOULD BE FIXED BY THE SECRETARY OF WAR AND SHOULD NOT EXCEED OR BE OF OTHER CLASSES THAN THOSE AUTHORIZED BY LAW FOR ENLISTED MEN OF THE REGULAR ARMY. THE PAY OF A PRIVATE, FIRST CLASS, WITH LESS THAN THREE YEARS OF SERVICE WAS FIXED AT $11 A MONTH AND YOU WERE PAID AT THAT RATE FOR THE PERIOD FROM DECEMBER 1, 1941, TO AUGUST 2, 1942. FOR THAT PERIOD PAYMENTS TOTALING $88.73 WERE MADE TO YOU AS FOLLOWS: $33, VOUCHER NO. 8959, JUNE 1945 ACCOUNTS OF G. D. OSBORNE; $38.50, VOUCHER NO. 2106, FEBRUARY 1946 ACCOUNTS OF CARL GLICK; AND $17.23, VOUCHER NO. 30931, JUNE 1948 ACCOUNTS OF H. D. LLOYD. IT WAS DETERMINED UNDER THE PROVISIONS OF THE MISSING PERSONS ACT THAT YOUR STATUS WAS SUCH THAT YOU WERE NOT ENTITLED TO PAY FROM AUGUST 3, 1942, TO MAY 14, 1945.

NO RECORD HAS BEEN FOUND INDICATING YOU WERE PAID AS A PHILIPPINE SCOUT FROM MAY 15 TO JUNE 6, 1945. YOUR PAY FOR SUCH PERIOD AS A PRIVATE, FIRST CLASS, WITH OVER THREE YEARS OF SERVICE AT $11.55 A MONTH, WOULD HAVE AMOUNTED TO $8.47. THE RECORDS DO SHOW, HOWEVER, THAT YOU WERE PAID BASE, LONGEVITY, AND FOREIGN SERVICE PAY OF $67.50 A MONTH, AS A PRIVATE, FIRST CLASS, ARMY OF THE UNITED STATES, WITH OVER THREE YEARS OF SERVICE, FROM JUNE 1, 1945, TO MAY 16, 1946. AS YOU DID NOT ENLIST IN THE ARMY OF THE UNITED STATES UNTIL JUNE 7, 1945, YOU WERE OVERPAID IN THE AMOUNT OF$13.50. THUS, ON THE BASIS OF THE PRESENT RECORD, THERE IS A NET OVERPAYMENT OF $5.03 IN YOUR ACCOUNT FOR THE PERIOD FROM MAY 15 TO JUNE 6, 1945.

YOUR WIFE, MRS. EMILIANA P. VELEZ, WAS PAID AN INITIAL FAMILY ALLOWANCE OF $50 FOR JUNE 1945, THE MONTH IN WHICH YOU ENTERED A PAY STATUS IN THE ARMY OF THE UNITED STATES. UNDER THE APPLICABLE PROVISIONS OF LAW THE FULL AMOUNT OF SUCH INITIAL FAMILY ALLOWANCE WAS PAID BY THE GOVERNMENT. ALSO, REGULAR FAMILY ALLOWANCE PAYMENTS OF $50 A MONTH WERE MADE TO YOUR WIFE FROM JULY 1945 THROUGH JUNE 1946. SINCE HER ENTITLEMENT TO FAMILY ALLOWANCE BENEFITS TERMINATED WITH PAYMENT FOR THE MONTH OF MAY 1946, THE MONTH IN WHICH YOU WERE DISCHARGED, THE PAYMENT OF $50 FOR THE MONTH OF JUNE 1946 WAS CONTRARY TO LAW AND CONSTITUTED AN OVERPAYMENT FOR WHICH SHE IS LEGALLY LIABLE. DEDUCTIONS FROM YOUR PAY AT THE RATE OF $22 A MONTH, AS YOUR CONTRIBUTION TO SUCH FAMILY ALLOWANCE PAYMENTS, WERE MADE FROM JUNE 1945 THROUGH MAY 1946. SINCE SUCH DEDUCTIONS WERE REQUIRED BY LAW FOR ONLY THE REGULAR FAMILY ALLOWANCE PAYMENTS, THE DEDUCTION OF $22 FOR JUNE 1945 WAS AN OVERDEDUCTION. OF THAT AMOUNT, $5.03 IS FOR APPLICATION AGAINST THE OVERPAYMENT FOR THE PERIOD FROM MAY 15 TO JUNE 6, 1945, LEAVING A BALANCE OF $16.97.

IN VIEW OF THE OVERPAYMENT OF $50 FOR JUNE 1946, FOR WHICH YOUR WIFE IS LEGALLY LIABLE, IT IS ASSUMED THAT APPLICATION OF THE SUM OF $16.97, OTHERWISE DUE YOU, TO REDUCE YOUR WIFE'S INDEBTEDNESS, IS AGREEABLE TO YOU, SINCE IT IS REASONABLE TO CONCLUDE THAT THE OVERPAYMENT REPRESENTED MONEY WHICH WAS USED FOR THE SUPPORT OF YOUR DEPENDENT.