B-131590, MAY 15, 1957

B-131590: May 15, 1957

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WHEN YOU WERE ENTITLED TO THE BENEFITS OF THE MISSING PERSONS ACT. YOUR CLAIM WAS FILED UNDER THE MISSING PERSONS ACT OF MARCH 7. IS AUTHORIZED TO SETTLE ACCOUNTS OF PERSONNEL OF THE WAR DEPARTMENT REPORTED TO BE IN A STATUS OF MISSING. THE FOLLOWING WAS SAID: "2. IT HAS BEEN REDETERMINED THAT SUBJECT IS ENTITLED TO THE BENEFITS OF THE ACT ONLY FOR THE PERIOD BEGINNING 15 DEC 41 AND CONTINUING TO 15 DEC 41 THE DATE SUBJECT IS CONSIDERED TO HAVE RESUMED A REASONABLY NORMAL EXISTENCE WITH NO DEPRIVATION OCCASIONED BY HIS FORMER OFFICIAL STATUS.'. UNDER THE SPECIFIC TERMS OF THE MISSING PERSONS ACT THE RESPONSIBILITY FOR DETERMINING YOUR STATUS AS WELL AS THE AMOUNT DUE IS VESTED EXCLUSIVELY IN THE DEPARTMENT OF THE ARMY AND WHEN SUCH DETERMINATION IS MADE IT IS NOT SUBJECT TO REVIEW OR REVISION BY THE GENERAL ACCOUNTING OFFICE.

B-131590, MAY 15, 1957

TO MR. ANTONIO CAYAS:

YOUR LETTER DATED APRIL 2, 1957, PROTESTS THE ACTION OF OUR OFFICE DATED JANUARY 15, 1957, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT BELIEVED TO BE DUE UNDER THE MISSING PERSONS ACT OF 1942. WITH YOUR LETTER OF APRIL 2 YOU RETURNED A CHECK DRAWN IN YOUR FAVOR IN THE AMOUNT OF $14.30, REPRESENTING PAYMENT FOR SERVICES RENDERED FOR THE PERIOD DECEMBER 1 THROUGH DECEMBER 14, 1941, AND FOR THE DAY OF DECEMBER 15, 1941, WHEN YOU WERE ENTITLED TO THE BENEFITS OF THE MISSING PERSONS ACT.

YOUR CLAIM WAS FILED UNDER THE MISSING PERSONS ACT OF MARCH 7, 1942, AS AMENDED, 58 STAT. 679, WHICH PROVIDES, IN EFFECT, THAT THE SECRETARY OF WAR, NOW SECRETARY OF THE ARMY, OR SUCH PERSON AS HE MAY DESIGNATE, IS AUTHORIZED TO SETTLE ACCOUNTS OF PERSONNEL OF THE WAR DEPARTMENT REPORTED TO BE IN A STATUS OF MISSING, MISSING IN ACTION, BELEAGUERED OR BESIEGED, AND THAT SUCH ACCOUNT SHALL BE CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT. IN ADMINISTRATIVE REPORT OF JANUARY 4, 1946, THE FOLLOWING WAS SAID:

"2. UNDER THE PROVISIONS OF SEC. IV, PAR 1/E), WD PLANFOR CASUALTY ADMINISTRATION UPON REOCCUPATION OF PHILIPPINES DATED 7 NOV 1944, IT HAS BEEN REDETERMINED THAT SUBJECT IS ENTITLED TO THE BENEFITS OF THE ACT ONLY FOR THE PERIOD BEGINNING 15 DEC 41 AND CONTINUING TO 15 DEC 41 THE DATE SUBJECT IS CONSIDERED TO HAVE RESUMED A REASONABLY NORMAL EXISTENCE WITH NO DEPRIVATION OCCASIONED BY HIS FORMER OFFICIAL STATUS.'

UNDER THE SPECIFIC TERMS OF THE MISSING PERSONS ACT THE RESPONSIBILITY FOR DETERMINING YOUR STATUS AS WELL AS THE AMOUNT DUE IS VESTED EXCLUSIVELY IN THE DEPARTMENT OF THE ARMY AND WHEN SUCH DETERMINATION IS MADE IT IS NOT SUBJECT TO REVIEW OR REVISION BY THE GENERAL ACCOUNTING OFFICE. HOWEVER, IF YOU DESIRE FURTHER CONSIDERATION OF YOUR CLAIM UNDER THE MISSING PERSONS ACT, BASED ON ADDITIONAL EVIDENCE, THE MATTER IS ONE FOR PRESENTING TO THE SECRETARY OF THE ARMY. YOUR CHECK IN THE AMOUNT OF $14.30 IS RETURNED HEREWITH.