B-128354, JUL. 20, 1956

B-128354: Jul 20, 1956

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CASTILLO: REFERENCE WAS MADE TO YOUR LETTER DATED MAY 21. OF OUR CLAIMS DIVISION YOU WERE ADVISED THAT VOUCHER NO. 7910. YOU WERE ENTITLED TO BE CREDITED WITH PAY AS PRIVATE WITH OVER ONE YEAR'SSERVICE AT THE RATE OF $9 A MONTH. YOU WERE OVERPAID $3.50 AND. THE DEPARTMENT OF THE ARMY HAS REPORTED TO US THAT YOU WERE NOT IN A CASUALTY STATUS FOR THE PERIOD SEPTEMBER 16. YOU ARE NOT ENTITLED TO PAY FOR THAT PERIOD. IN THE AMOUNT OF $0.32 WAS APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS OF $3.50 TO THE UNITED STATES. THE DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOU WERE NOT IN A CASUALTY STATUS DURING THE PERIOD OF SEPTEMBER 16. WAS PURSUANT TO THE MISSING PERSONS ACT. SUCH DETERMINATIONS ARE FINAL AND CONCLUSIVE.

B-128354, JUL. 20, 1956

TO MR. ERASMO V. CASTILLO:

REFERENCE WAS MADE TO YOUR LETTER DATED MAY 21, 1956, AND ENCLOSURES, CONCERNING YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE FOR THE PERIOD JANUARY 1, 1942, THROUGH JULY 8, 1945, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, PHILIPPINE SCOUTS.

BY SETTLEMENT DATED SEPTEMBER 5, 1952, OF OUR CLAIMS DIVISION YOU WERE ADVISED THAT VOUCHER NO. 7910, AUGUST 1946 ACCOUNTS OF C. W. FARNUM, SHOWS THAT FOR THE PERIOD JANUARY 1 TO SEPTEMBER 15, 1942, YOU WERE ENTITLED TO BE CREDITED WITH PAY AS PRIVATE WITH OVER ONE YEAR'SSERVICE AT THE RATE OF $9 A MONTH, OR $76.50. SINCE THE RECORD SHOWED YOU RECEIVED PAYMENTS TOTALING $80, YOU WERE OVERPAID $3.50 AND, THEREFORE, INDEBTED TO THE UNITED STATES IN THAT AMOUNT. THE DEPARTMENT OF THE ARMY HAS REPORTED TO US THAT YOU WERE NOT IN A CASUALTY STATUS FOR THE PERIOD SEPTEMBER 16, 1942, TO JULY 7, 1945. HENCE, YOU ARE NOT ENTITLED TO PAY FOR THAT PERIOD. PAY FOR JULY 8, 1945, IN THE AMOUNT OF $0.32 WAS APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS OF $3.50 TO THE UNITED STATES, REDUCING SUCH INDEBTEDNESS TO $3.18.

THE DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOU WERE NOT IN A CASUALTY STATUS DURING THE PERIOD OF SEPTEMBER 16, 1942, TO JULY 7, 1945, WAS PURSUANT TO THE MISSING PERSONS ACT, 56 STAT. 143, AS AMENDED, WHICH AUTHORIZES THE SECRETARY OF THE ARMY OR HIS DESIGNEE TO MAKE DETERMINATIONS AS TO YOUR MILITARY STATUS AND YOUR RIGHT TO PAY AND ALLOWANCES, INCLUDING CREDITS AND CHARGES IN YOUR PAY ACCOUNT DURING SUCH PERIOD, AND SUCH DETERMINATIONS ARE FINAL AND CONCLUSIVE. MORENO V. UNITED STATES, 118 C.CLS. 30. IF YOU BELIEVE THAT THE DETERMINATION THAT YOU WERE NOT IN A CASUALTY STATUS, OR THAT THE CREDITS AND DEBITS SHOWN ON VOUCHER NO. 7910 WERE INCORRECT, YOU MAY WRITE TO THE CHIEF, SETTLEMENTS DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, U.S.A., GIVING FULL DETAILS OF THE BASIS FOR YOUR BELIEF.

THE ORIGINAL OF THE SETTLEMENT OF SEPTEMBER 5, 1952, ENCLOSED WITH YOUR LETTER OF MAY 21, 1956, IS RETURNED.