B-134439, MAY 19, 1958

B-134439: May 19, 1958

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NICOLAS DELAGO: REFERENCE IS MADE TO PREVIOUS CORRESPONDENCE CONCERNING YOUR CLAIM FOR ARREARS OF PAY AND THE SIX MONTHS' DEATH GRATUITY BELIEVED TO BE DUE YOU IN THE CASE OF YOUR SON JAYNE AND JAIME V. WAS RECEIVED IN OUR CLAIMS DIVISION ON JULY 6. THERE WAS NO ALTERNATIVE BUT TO APPLY THE PROVISIONS OF THE ACT OF OCTOBER 9. THAT THE DATE OF THE DEATH OF YOUR SON WAS MARCH 31. IN WHICH IT IS STATED THAT A REVIEW OF THE RECORDS OF YOUR SON HAS BEEN MADE AND THAT THE AVAILABLE EVIDENCE IS INSUFFICIENT TO DETERMINE HIS STATUS UNDER THE MISSING PERSONS ACT. THERE IS NO FURTHER ACTION WE MAY TAKE CONCERNING YOUR CLAIM ON THAT BASIS OF THE PRESENT RECORD. IT IS SUGGESTED THAT YOU WRITE TO THE ADJUTANT GENERAL'S RECORDS CENTER.

B-134439, MAY 19, 1958

TO MR. NICOLAS DELAGO:

REFERENCE IS MADE TO PREVIOUS CORRESPONDENCE CONCERNING YOUR CLAIM FOR ARREARS OF PAY AND THE SIX MONTHS' DEATH GRATUITY BELIEVED TO BE DUE YOU IN THE CASE OF YOUR SON JAYNE AND JAIME V. DELAGO, AS A PHILIPPINE SCOUT,ASN 10 308 232.

YOUR CLAIM, IN WHICH YOU ALLEGED THAT YOUR SON DIED ON APRIL 27, 1944, WAS RECEIVED IN OUR CLAIMS DIVISION ON JULY 6, 1956, AND ON JULY 16, 1956, THAT DIVISION RETURNED SUCH CLAIM TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. THAT ACT PROVIDES THAT A CLAIM AGAINST THE UNITED STATES SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN TEN FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. LATER, AFTER THE RECEIPT OF YOUR LETTER OF AUGUST 22, 1956, THE CLAIMS DIVISION BY LETTER OF SEPTEMBER 12, 1956, ADVISED YOU THAT SINCE THE TEN-YEAR PERIOD STARTED RUNNING ON APRIL 27, 1944, THERE WAS NO ALTERNATIVE BUT TO APPLY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940.

IN YOUR LETTER OF MAY 30, 1957, YOU ASSERT THAT THE DEPARTMENT OF THE ARMY MADE A DETERMINATION UNDER THE MISSING PERSONS ACT, 56 STAT. 143, AS AMENDED, THAT THE DATE OF THE DEATH OF YOUR SON WAS MARCH 31, 1946. VIEW OF SUCH ASSERTION, WE REQUESTED THE DEPARTMENT OF THE ARMY TO ADVISE WHETHER SUCH A DETERMINATION HAD BEEN MADE, AND IF SO, TO FURNISH US WITH A COPY OF THAT ACTION.

THERE HAS NOW BEEN RECEIVED A LETTER DATED APRIL 24, 1958, FROM THE DEPARTMENT OF THE ARMY, IN WHICH IT IS STATED THAT A REVIEW OF THE RECORDS OF YOUR SON HAS BEEN MADE AND THAT THE AVAILABLE EVIDENCE IS INSUFFICIENT TO DETERMINE HIS STATUS UNDER THE MISSING PERSONS ACT, OR THE ACTUAL DATE AND CAUSE OF HIS DEATH.

ACCORDINGLY, SINCE A DETERMINATION WITH RESPECT TO THE STATUS OF YOUR SON HAS NOT BEEN MADE BY THE DEPARTMENT OF THE ARMY, THERE IS NO FURTHER ACTION WE MAY TAKE CONCERNING YOUR CLAIM ON THAT BASIS OF THE PRESENT RECORD.

IF YOU POSSESS ANY EVIDENCE WHICH WOULD ENABLE THE DEPARTMENT OF THE ARMY TO DETERMINE THE STATUS OF YOUR SON, IT IS SUGGESTED THAT YOU WRITE TO THE ADJUTANT GENERAL'S RECORDS CENTER, UNITED STATES ARMY, 9700 PAGE BOULEVARD, ST. LOUIS, MISSOURI.