B-130593, APR. 15, 1957

B-130593: Apr 15, 1957

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FELIPE BAGAAN: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13. THE RECORD SHOWS THAT YOU WERE ENLISTED AND RETIRED PURSUANT TO A POLICY ADOPTED BY THE DEPARTMENT OF THE ARMY AFTER THE ACQUISITION OF INDEPENDENCE BY THE PHILIPPINE GOVERNMENT IN 1946 AND THE DISBANDMENT OF THE PHILIPPINE SCOUTS IN 1949. YOU WERE PERMITTED TO MAKE APPLICATION FOR ENLISTMENT IN THE PHILIPPINE SCOUTS FOR THE PURPOSE OF IMMEDIATE RETIREMENT ONLY. THERE IS NO INDICATION THAT ANY ACTIVE-DUTY PAY RIGHT OR RIGHTS INCIDENT TO TERMINATION OF AN ACTIVE-DUTY STATUS ACCRUED TO YOU. TRAVEL ALLOWANCE IS A BENEFIT WHICH ACCRUED INCIDENT TO TERMINATION OF AN ACTIVE- DUTY STATUS AND SINCE THE DEPARTMENT OF THE ARMY AUTHORIZED YOUR STATUS CHANGED FOR RETIREMENT ONLY.

B-130593, APR. 15, 1957

TO MR. FELIPE BAGAAN:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13, 1956, REQUESTING REVIEW OF OUR SETTLEMENT DATED OCTOBER 16, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF SEA TRAVEL FROM MANILA TO ZAMBOANGA CITY, PHILIPPINE ISLANDS, DURING THE PERIOD NOVEMBER 2 TO 6, 1954, INCIDENT TO YOUR ENLISTMENT AND RETIREMENT AS A MEMBER OF THE PHILIPPINE SCOUTS.

THE RECORD SHOWS THAT YOU WERE ENLISTED AND RETIRED PURSUANT TO A POLICY ADOPTED BY THE DEPARTMENT OF THE ARMY AFTER THE ACQUISITION OF INDEPENDENCE BY THE PHILIPPINE GOVERNMENT IN 1946 AND THE DISBANDMENT OF THE PHILIPPINE SCOUTS IN 1949. YOU WERE PERMITTED TO MAKE APPLICATION FOR ENLISTMENT IN THE PHILIPPINE SCOUTS FOR THE PURPOSE OF IMMEDIATE RETIREMENT ONLY. IN OTHER WORDS, THE DEPARTMENT OF THE ARMY CONTEMPLATED THAT YOUR STATUS WOULD BE CHANGED TO THAT OF A RETIRED PHILIPPINE SCOUT, BUT THERE IS NO INDICATION THAT ANY ACTIVE-DUTY PAY RIGHT OR RIGHTS INCIDENT TO TERMINATION OF AN ACTIVE-DUTY STATUS ACCRUED TO YOU. TRAVEL ALLOWANCE IS A BENEFIT WHICH ACCRUED INCIDENT TO TERMINATION OF AN ACTIVE- DUTY STATUS AND SINCE THE DEPARTMENT OF THE ARMY AUTHORIZED YOUR STATUS CHANGED FOR RETIREMENT ONLY, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE DISALLOWANCE OF OCTOBER 16, 1956, IS SUSTAINED.