B-132644, AUG. 13, 1957

B-132644: Aug 13, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH WAS DISALLOWED FOR THE REASONS STATED IN OUR SETTLEMENT OF JANUARY 26. IN OUR SETTLEMENT WE ADVISED YOU THAT DETERMINATION BY THE DEPARTMENT OF THE NAVY UNDER THE MISSING PERSONS ACT ARE FINAL AND CONCLUSIVE. SUCH DETERMINATIONS ARE NOT SUBJECT TO REVIEW OR REVISION BY THE CIVIL SERVICE COMMISSION OR BY OUR OFFICE. THE SUBSEQUENT ACTION OF THE DEPARTMENT OF THE NAVY WHEREBY YOUR SEPARATION FROM THE ROLLS AS AN EMPLOYEE OF THE UNITED STATES WAS MADE EFFECTIVE AUGUST 4. WAS CONSONANT WITH SOUND ADMINISTRATIVE POLICY AND CONFORMED WITH THE PURPOSE AND INTENT OF THE MISSING PERSONS ACT. THAT ACT AUTHORIZES THE CONTINUANCE OF THE PAY OF AN EMPLOYEE ONLY IF HE IS "OFFICIALLY DETERMINED TO BE ABSENT IN A STATUS OF MISSING.

B-132644, AUG. 13, 1957

TO MR. FILOMENO Q. ORTIZ:

THE UNITED STATES CIVIL SERVICE COMMISSION TRANSMITTED TO US YOUR LETTER OF JUNE 5, 1957, AND AFFIDAVIT DATED JUNE 6, 1957.

YOU REQUEST RECONSIDERATION OF THAT PART OF YOUR CLAIM FOR SALARY, APPARENTLY UNDER THE MISSING PERSONS ACT OF 1942, 50 STAT. 143, COVERING THE WAR PERIOD AFTER AUGUST 4, 1952, WHICH WAS DISALLOWED FOR THE REASONS STATED IN OUR SETTLEMENT OF JANUARY 26, 1953. THE FACTS AND CIRCUMSTANCES DISCUSSED IN YOUR LETTER DO NOT DIFFER MATERIALLY FROM THOSE PRESENTED IN YOUR CLAIM OF JULY 11, 1952. IN OUR SETTLEMENT WE ADVISED YOU THAT DETERMINATION BY THE DEPARTMENT OF THE NAVY UNDER THE MISSING PERSONS ACT ARE FINAL AND CONCLUSIVE. SUCH DETERMINATIONS ARE NOT SUBJECT TO REVIEW OR REVISION BY THE CIVIL SERVICE COMMISSION OR BY OUR OFFICE.

AS A MATTER OF FACT, YOU ADMIT IN THE PRESENT RECORD--- INCLUDING YOUR CLAIM AND AFFIDAVIT--- THAT YOU WORKED FOR THE JAPANESE IN THE NAVY YARD FROM AUGUST 5 TO SEPTEMBER 14, 1942. HENCE, THE SUBSEQUENT ACTION OF THE DEPARTMENT OF THE NAVY WHEREBY YOUR SEPARATION FROM THE ROLLS AS AN EMPLOYEE OF THE UNITED STATES WAS MADE EFFECTIVE AUGUST 4, 1942, WAS CONSONANT WITH SOUND ADMINISTRATIVE POLICY AND CONFORMED WITH THE PURPOSE AND INTENT OF THE MISSING PERSONS ACT.

THAT ACT AUTHORIZES THE CONTINUANCE OF THE PAY OF AN EMPLOYEE ONLY IF HE 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 * * * FOR THE PERIOD HE IS OFFICIALLY CARRIED OR DETERMINED TO BE IN ANY SUCH STATUS.' IN THAT REGARD, THE RECORD INDICATES YOU WERE EMPLOYED BY THE JAPANESE AND WERE NOT DEPRIVED OF FREEDOM TO PURSUE A NORMAL LIVELIHOOD ON AND AFTER AUGUST 5, 1942. YOUR PRESENT STATEMENTS CONCERNING OTHERS WHO WERE EMPLOYED BY THE JAPANESE WOULD NOT JUSTIFY AN ALLOWANCE BY US OF YOUR CLAIM EVEN THOUGH WE WERE OTHERWISE AUTHORIZED TO DO SO.

THEREFORE, OUR SETTLEMENT OF JANUARY 26, 1953, IS CORRECT AND MUST BE SUSTAINED.