B-133992, OCT. 14, 1957

B-133992: Oct 14, 1957

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FLORENTINE AMAR: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 2. YOU STATED THAT THE CLAIMED DIFFERENTIAL IN PAY WAS BASED UPON A CIRCULAR ISSUED BY THE UNITED STATES GOVERNMENT DURING THE YEAR 1955. THAT THE FORM WAS "PROPERLY EXECUTED.'. THE FINANCE CENTER RETURNED YOUR LETTER AND ADVISED US THAT THAT OFFICE WAS NOT AWARE OF ANY LAW. THERE WAS NO BASIS FOR THE ADJUSTMENT OF YOUR PAY AS CLAIMED. YOUR CLAIM WAS DISALLOWED. WE ARE NOT AWARE OF ANY LAW. WAS CORRECT AND IS SUSTAINED.

B-133992, OCT. 14, 1957

TO MR. FLORENTINE AMAR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 2, 1957, ADDRESSED TO THE CHIEF, SETTLEMENTS OPERATIONS, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, RELATING TO YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR SERVICES RENDERED AS A MEMBER OF THE PHILIPPINE SCOUTS DURING THE PERIOD APRIL TO JUNE 1946.

IN YOUR LETTER OF JUNE 21, 1956, ADDRESSED TO THE VETERANS ADMINISTRATION, YOU STATED THAT THE CLAIMED DIFFERENTIAL IN PAY WAS BASED UPON A CIRCULAR ISSUED BY THE UNITED STATES GOVERNMENT DURING THE YEAR 1955. UNDER DATE OF JULY 31, 1956, THE VETERANS ADMINISTRATION REFERRED YOUR LETTER TO OUR OFFICE AND UNDER DATE OF AUGUST 15, 1956, WE FORWARDED IT TO THE FINANCE CENTER, U.S. ARMY, FOR A REPORT. THE RECORD SHOWS THAT BY LETTER OF AUGUST 29, 1956, THE FINANCE CENTER REQUESTED YOU TO SUBMIT YOUR CLAIM ON THE FCUSA FORM 3 137 ENCLOSED THEREWITH AND THAT YOU IDENTIFY THE CIRCULAR WHICH YOU CLAIMED AUTHORIZED THE DIFFERENTIAL IN PAY. THE RECORD DOES NOT SHOW THAT YOU REPLIED TO THAT LETTER, ALTHOUGH YOU STATED IN THE LETTER OF AUGUST 2, 1957, THAT THE FORM WAS "PROPERLY EXECUTED.' UNDER DATE OF OCTOBER 24, 1956, THE FINANCE CENTER RETURNED YOUR LETTER AND ADVISED US THAT THAT OFFICE WAS NOT AWARE OF ANY LAW, REGULATION, OR CIRCULAR ENACTED OR ISSUED IN 1955 WHICH AUTHORIZED ADJUSTMENT OF AN INDIVIDUAL'S PAY AS A MEMBER OF THE PHILIPPINE SCOUTS, ARMY OF THE UNITED STATES.

BY SETTLEMENT DATED NOVEMBER 13, 1956, OUR CLAIMS DIVISION ADVISED YOU THAT A THOROUGH SEARCH HAD BEEN MADE AND THAT NO LAW, REGULATION, OR CIRCULAR ENACTED OR ISSUED IN 1955 HAD BEEN FOUND WHICH AUTHORIZED THE ADJUSTMENT OF YOUR PAY AS A PHILIPPINE SCOUT, AND THAT IN THE ABSENCE OF AN IDENTIFICATION OF THE CIRCULAR, THERE WAS NO BASIS FOR THE ADJUSTMENT OF YOUR PAY AS CLAIMED. ACCORDINGLY, YOUR CLAIM WAS DISALLOWED.

WE ARE NOT AWARE OF ANY LAW, REGULATION, OR CIRCULAR WHICH WOULD AUTHORIZE THE ALLOWANCE OF YOUR CLAIM. UNDER THE CIRCUMSTANCES, THE ACTION TAKEN IN THE SETTLEMENT OF NOVEMBER 13, 1956, WAS CORRECT AND IS SUSTAINED.