B-134443, DECEMBER 20, 1957, 37 COMP. GEN. 424

B-134443: Dec 20, 1957

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WHO WERE PAROLED PRIOR TO TERMINATION OF THE JAPANESE OCCUPATION OF THE PHILIPPINE ISLANDS AND WHO DID NOT JOIN THE GUERRILLA FORCES OR PARTICIPATE IN OTHER ANTI-1JAPANESE ACTIVITIES. ENTITLE MEMBERS OF THE UNIFORMED SERVICES NOW ON ACTIVE DUTY OR MEMBERS WHO HAVE BEEN DISCHARGED TO QUALIFY BY REASON OF THE SERVICE CREDIT FOR PAROLE TIME TO RETIREMENT AND RETIRED PAY PROVIDED THAT THERE IS NO VALID DETERMINATION UNDER THE MISSING PERSONS ACT WHICH WOULD SHOW VOLUNTARY PARTICIPATION WITH OR FOR THE JAPANESE GOVERNMENT TO BRING THEM WITHIN THE PROHIBITION AGAINST RECEIPT OF BENEFITS AND PROVIDED THAT THE INITIAL DETERMINATION HAD PLACED THEM IN A CASUALTY STATUS. ARE EXPRESSLY MADE EFFECTIVE FROM SEPTEMBER 8.

B-134443, DECEMBER 20, 1957, 37 COMP. GEN. 424

MILITARY PERSONNEL - PHILIPPINE SCOUTS - PAROLE TIME BENEFITS - EFFECTIVE DATE THE BENEFITS PROVIDED BY THE ACT OF AUGUST 29, 1957, WHICH AMENDED THE MISSING PERSONS ACT, 50 U.S.C. APP. 1002 (B), FOR PHILIPPINE SCOUTS, WHO WERE PAROLED PRIOR TO TERMINATION OF THE JAPANESE OCCUPATION OF THE PHILIPPINE ISLANDS AND WHO DID NOT JOIN THE GUERRILLA FORCES OR PARTICIPATE IN OTHER ANTI-1JAPANESE ACTIVITIES, ENTITLE MEMBERS OF THE UNIFORMED SERVICES NOW ON ACTIVE DUTY OR MEMBERS WHO HAVE BEEN DISCHARGED TO QUALIFY BY REASON OF THE SERVICE CREDIT FOR PAROLE TIME TO RETIREMENT AND RETIRED PAY PROVIDED THAT THERE IS NO VALID DETERMINATION UNDER THE MISSING PERSONS ACT WHICH WOULD SHOW VOLUNTARY PARTICIPATION WITH OR FOR THE JAPANESE GOVERNMENT TO BRING THEM WITHIN THE PROHIBITION AGAINST RECEIPT OF BENEFITS AND PROVIDED THAT THE INITIAL DETERMINATION HAD PLACED THEM IN A CASUALTY STATUS. THE BENEFITS FOR PHILIPPINE SCOUTS PROVIDED BY THE ACT OF AUGUST 29, 1957, WHICH AMENDED THE MISSING PERSONS ACT, ARE EXPRESSLY MADE EFFECTIVE FROM SEPTEMBER 8, 1939, AND, THEREFORE, A PERSON WHO HAS BEEN DISCHARGED FROM THE SERVICE AND WHO WOULD HAVE BEEN QUALIFIED FOR RETIREMENT BY INCLUDING THE CREDIT FOR PAROLE TIME AS A PHILIPPINE SCOUT MAY NOW BE PLACED ON THE RETIRED LIST RETROACTIVE TO THE DATE OF DISCHARGE AND IN ACCORDANCE WITH THE UNIFORM RETIREMENT DATE ACT OF 1930, 5 U.S.C. 47A. PHILIPPINE SCOUTS WHO ARE IN RECEIPT OF RETIRED PAY MAY, BY REASON OF THE BENEFITS PROVIDED BY THE ACT OF AUGUST 29, 1957, WHICH AMENDED THE MISSING PERSONS ACT, HAVE THE PHILIPPINE SCOUT PAROLE TIME CREDITED FOR INCREASED RETIRED PAY. LUMP-SUM LEAVE BENEFITS WHICH HAVE ACCRUED TO MEMBERS OF THE PHILIPPINE SCOUTS SOLELY BY VIRTUE OF ACT OF AUGUST 29, 1957, WHICH AMENDED THE MISSING PERSONS ACT TO PROVIDE BENEFITS FOR PAROLE TIME, ARE NOT PRECLUDED BY THE TIME LIMITATION IN THE ARMED FORCES LEAVE ACT OF 1946, AND ADDITIONAL AMOUNTS MAY BE PAID IF CLAIM IS MADE WITHIN THREE YEARS AFTER AUGUST 29, 1957.

TO THE SECRETARY OF THE ARMY, DECEMBER 20, 1957:

YOU HAVE REQUESTED BY LETTER OF NOVEMBER 19, 1957, DECISION ON SEVERAL QUESTIONS CONCERNING THE PROVISIONS OF SUBSECTION 2 (B) AS ADDED TO THE MISSING PERSONS ACT BY PUBLIC LAW 85-217, ACT OF AUGUST 29, 1957, 71 STAT. 492, 50 U.S.C. APP. 1002 (B).

THE ENCLOSURE RECEIVED WITH YOUR LETTER IS A DISCUSSION OUTLINING THE PURPOSE OF NEW SUBSECTION 2 (B), NAMELY, TO EQUALIZE BENEFITS FOR THOSE MEMBERS OF THE PHILIPPINE SCOUTS WHO WERE PAROLED PRIOR TO THE TERMINATION OF THE JAPANESE OCCUPATION OF THE PHILIPPINE ISLANDS IN WORLD WAR II AND WHO DID NOT JOIN GUERRILLA FORCES OR PARTICIPATE IN OTHER ANTI-1JAPANESE ACTIVITIES WITH THOSE MEMBERS OF THE PHILIPPINE SCOUTS WHO DID SO PARTICIPATE SUBSEQUENT TO THEIR PAROLE OR WHO REMAINED AS PRISONERS OF THE JAPANESE. IT IS EXPLAINED IN THE DISCUSSION THAT IN ACCORDANCE WITH A POLICY ESTABLISHED IN 1945 THE DEPARTMENT OF THE ARMY CONSIDERED EACH PHILIPPINE SCOUT CASE INDIVIDUALLY UNDER THE MISSING PERSONS ACT WITH RESPECT TO THE MILITARY STATUS OF THE INDIVIDUAL CONCERNED DURING THE PERIOD OF THE JAPANESE OCCUPATION AND THAT IF ADEQUATE EVIDENCE INDICATED THE INDIVIDUAL HAD BEEN SUBJECTED TO UNDUE RESTRAINT, DEPRIVATION, OR HARDSHIP AS A RESULT OF HIS MILITARY STATUS AS A PHILIPPINE SCOUT, A DETERMINATION OF CASUALTY STATUS WAS MADE ENTITLING SUCH INDIVIDUAL TO THE BENEFITS PRESCRIBED IN THE MISSING PERSONS ACT FOR THE PERIOD INVOLVED IRRESPECTIVE OF WHETHER THE INDIVIDUAL IN QUESTION HAD BEEN PAROLED.

INDIVIDUALS WHO HAD VOLUNTARILY JOINED GUERRILLA UNITS OR ENGAGED IN OTHER ANTI-1JAPANESE ACTIVITIES WERE DETERMINED TO HAVE BEEN IN A "CASUALTY" STATUS UNDER THE MISSING PERSONS ACT WITH ENTITLEMENT TO FULL PAY FOR THE PERIOD OF GUERRILLA SERVICE. ALSO, IN THOSE CASES, THE INDIVIDUALS WERE CREDITED WITH SUCH PERIOD OF SERVICE FOR PURPOSES OF LONGEVITY, RETIREMENT, AND RETIRED PAY AND OTHER BENEFITS INCLUDING SOCIAL SECURITY WAGE CREDITS. THE DISCUSSION ADVANCES THE VIEW THAT WHILE SUBSECTION 2 (B) OF THE MISSING PERSONS ACT, QUOTED BELOW, IS SILENT AS TO THE MATTER OF RETIREMENT AND RETIRED PAY, IT "WOULD APPEAR THAT ENTITLEMENT WITH RESPECT TO RETIREMENT AND RETIRED PAY FOLLOWS," SINCE THE PURPOSE OF THE LAW IS TO EQUALIZE BENEFITS BETWEEN THE TWO GROUPS OF PHILIPPINE SCOUT PERSONNEL DESCRIBED ABOVE.

THE FOLLOWING QUESTIONS CONCERNING RETIREMENT AND RETIRED PAY ARE PRESENTED:

A. IN THE CASE OF MEMBERS NOW ON ACTIVE DUTY WHO, BY RECEIVING THE SERVICE CREDIT AUTHORIZED BY PUBLIC LAW 85-217, SUPRA, WOULD QUALIFY FOR RETIREMENT, IS RETIREMENT AND RETIRED PAY AUTHORIZED AT THIS TIME?

B. MAY A PERSON WHO HAS BEEN DISCHARGED FROM THE SERVICE AND WOULD HAVE BEEN QUALIFIED, BY INCLUDING THE CREDIT FOR PAROLE TIME AT THE TIME OF DISCHARGE, FOR RETIREMENT NOW BE PLACED ON THE RETIRED LIST WITH RETIRED PAY?

C. IN THE EVENT OF AN AFFIRMATIVE REPLY TO QUESTION B ABOVE, WOULD THE RETIREMENT AND RETIRED PAY BE AUTHORIZED RETROACTIVE TO THE DATE OF DISCHARGE, TAKING INTO CONSIDERATION THE UNIFORM RETIREMENT ACT OF 1930 (46 STAT. 253, 5 U.S.C. 47A/?

D. WOULD PHILIPPINE SCOUTS WHO ARE NOW IN RECEIPT OF RETIRED PAY BE ENTITLED TO INCLUDE THE ABOVE SERVICE FOR THE PURPOSE OF INCREASING RETIRED PAY?

E. SHOULD REPLY TO QUESTION D BE IN THE AFFIRMATIVE WOULD THE INCREASE IN RETIRED PAY BE RETROACTIVE TO THE DATE OF RETIREMENT?

SUBSECTION 2 (B) OF THE MISSING PERSONS ACT, AS ADDED BY THE ACT OF AUGUST 29, 1957, 71 STAT. 492, PROVIDES AS FOLLOWS:

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH ENTITLEMENT TO PAY AND ALLOWANCES SHALL NOT BE DENIED, IN THE CASE OF ANY MEMBER OF THE PHILIPPINE SCOUTS WHO WAS CAPTURED IN THE PHILIPPINE ISLANDS BY THE ENEMY DURING WORLD WAR II, SOLELY ON THE GROUND THAT SUCH MEMBER WAS PAROLED AND PERMITTED TO RETURN TO HIS HOME AND ENGAGE IN CIVILIAN PURSUITS PRIOR TO THE TERMINATION OF THE JAPANESE OCCUPATION OF SUCH ISLANDS. CLAIMS OF MEMBERS OF THE PHILIPPINE SCOUTS FOR PAY AND ALLOWANCES UNDER THIS SUBSECTION (WHETHER OR NOT SUCH CLAIMS HAVE BEEN PRESENTED AND REJECTED OR DISALLOWED) MAY, UNTIL THREE YEARS AFTER THE DAY OF ENACTMENT OF THIS SUBSECTION, BE PRESENTED FOR CONSIDERATION OR RECONSIDERATION AND PAYMENT UNDER THIS SUBSECTION/L* PROVIDED, THAT NO CLAIMS SHALL BE APPROVED FOR PAYMENT IF THE CLAIMANT VOLUNTARILY PARTICIPATED WITH OR FOR THE JAPANESE GOVERNMENT, JAPANESE NATIONALS, OR OTHERS AND PERFORMED ACTIONS OR DUTIES OF A MILITARY NATURE HOSTILE TO THE UNITED STATES: PROVIDED FURTHER, THAT EXCEPT IN THE EVENT OF LEGAL PROCEEDINGS, ANY PERSON EXCEPT THE AUTHORIZED REPRESENTATIVE OF THE AMERICAN RED CROSS, THE AMERICAN LEGION, THE DISABLED AMERICAN VETERANS, AND THE VETERANS OF FOREIGN WARS, AND SUCH OTHER ORGANIZATIONS AS SHALL BE APPROVED BY THE SECRETARY OF DEFENSE, WHO SHALL HEREAFTER, DIRECTLY OR INDIRECTLY, SOLICIT, CONTRACT FOR, CHARGE, OR RECEIVE ANY FEE OR COMPENSATION FOR RENDERING ASSISTANCE IN THE PREPARATION, EXECUTION OR FILING OF THE NECESSARY PAPERS IN ANY APPLICATION FOR THE PAY AND ALLOWANCES AUTHORIZED BY THIS SUBSECTION SHALL BE GUILTY OF A MISDEMEANOR, AND EACH AND EVERY OFFENSE SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN $500 OR BY IMPRISONMENT AT HARD LABOR FOR NOT MORE THAN TWO YEARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.

SECTION 2 OF THE AMENDING ACT OF AUGUST 29, 1957, 71 STAT. 494, 50 U.S.C. APP. 1002, PROVIDES THAT SUBSECTION 2 (B) OF THE MISSING PERSONS ACT SHALL BE EFFECTIVE FROM SEPTEMBER 8, 1939, AND THAT THE OTHER AMENDMENTS MADE TO THE MISSING PERSONS ACT BY THE 1957 LAW SHALL BE EFFECTIVE FROM AUGUST 29, 1957. HENCE, THE PHRASE "SUCH ENTITLEMENT TO PAY AND ALLOWANCES" CONTAINED IN SUBSECTION 2 (B) OF THE MISSING PERSONS ACT HAS REFERENCE TO THE PROVISIONS OF SECTIONS 2 AND 9 OF THAT ACT, 50 U.S.C. APP. 1002 AND 1009, IN EFFECT DURING THE PERIOD OF WORLD WAR II AND PRIOR TO THE AMENDMENTS MADE BY THE ACT OF AUGUST 29, 1957.

SECTION 2 (SEE 50 U.S.C.A., APP. 1002) AS AMENDED APRIL 4, 1953, 67 STAT. 21, IN PERTINENT PART PROVIDED:

ANY PERSON WHO IS IN ACTIVE SERVICE AND WHO 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 SHALL, FOR THE PERIOD HE IS OFFICIALLY CARRIED OR DETERMINED TO BE IN ANY SUCH STATUS, BE ENTITLED TO RECEIVE OR TO HAVE CREDITED TO HIS ACCOUNT THE SAME PAY AND ALLOWANCES TO WHICH HE WAS AFTER * * * PROVIDED, THAT SUCH ENTITLEMENT TO PAY AND ALLOWANCES SHALL NOT TERMINATE UPON EXPIRATION OF TERM OF SERVICE DURING ABSENCE * * * PROVIDED FURTHER, THAT THERE SHALL BE NO ENTITLEMENT TO PAY AND ALLOWANCES FOR ANY PERIOD DURING WHICH SUCH PERSON MAY BE OFFICIALLY DETERMINED ABSENT FROM HIS POST OF DUTY WITHOUT AUTHORITY AND HE SHALL BE INDEBTED TO THE GOVERNMENT FOR ANY PAYMENTS FROM AMOUNTS CREDITED TO HIS ACCOUNT FOR SUCH PERIOD.

SECTION 9 (SEE 50 U.S.C.A.,1APP. 1009) AS AMENDED APRIL 4, 1953, 67 STAT. 21, INSOFAR AS HEREIN PERTINENT, PROVIDED AS FOLLOWS:

THE HEAD OF THE DEPARTMENT CONCERNED, OR SUCH SUBORDINATE AS HE MAY DESIGNATE, SHALL HAVE AUTHORITY TO MAKE ALL DETERMINATIONS NECESSARY IN THE ADMINISTRATION OF THIS ACT, AND FOR THE PURPOSES OF THIS ACT DETERMINATIONS SO MADE SHALL BE CONCLUSIVE AS TO DEATH OR FINDING OF DEATH, AS TO ANY OTHER STATUS DEALT WITH BY THIS ACT, AND AS TO ANY ESSENTIAL DATE * * *. DETERMINATIONS ARE AUTHORIZED TO BE MADE BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH SUBORDINATE AS HE MAY DESIGNATE, OF ENTITLEMENT OF ANY PERSON, UNDER PROVISIONS OF THIS ACT, TO PAY AND ALLOWANCES, INCLUDING CREDITS AND CHARGES IN HIS ACCOUNT, AND ALL SUCH DETERMINATIONS SHALL BE CONCLUSIVE: PROVIDED, THAT NO SUCH ACCOUNT SHALL BE CHARGED OR DEBITED WITH ANY AMOUNT THAT ANY PERSON IN THE HANDS OF A HOSTILE FORCE MAY RECEIVE OR BE ENTITLED TO RECEIVE FROM, OR HAVE PLACED TO HIS CREDIT BY, SUCH HOSTILE FORCE AS PAY, WAGES, ALLOWANCES, OR OTHER COMPENSATION * * *. WHEN CIRCUMSTANCES WARRANT RECONSIDERATION OF ANY DETERMINATION AUTHORIZED TO BE MADE BY THIS ACT THE HEAD OF THE DEPARTMENT CONCERNED, OR SUCH SUBORDINATE AS HE MAY DESIGNATE, MAY CHANGE OR MODIFY A PREVIOUS DETERMINATION * * *.

UNDER THE EXPRESS TERMS OF SUBSECTION 2 (B) THE ENTITLEMENT OF THOSE MEMBERS OF THE PHILIPPINE SCOUTS WHO WERE CAPTURED IN THE PHILIPPINE ISLANDS BY THE ENEMY DURING WORLD WAR II TO PAY AND ALLOWANCES AS PRESCRIBED IN THE MISSING PERSONS ACT FOR PERSONS IN A CASUALTY STATUS (MISSING, MISSING IN ACTION, INTERNED IN A FOREIGN COUNTRY, CAPTURED BY A HOSTILE FORCE, BELEAGUERED OR BESIEGED) MAY NOT BE DENIED, SOLELY ON THE GROUND THAT SUCH MEMBERS WERE PAROLED AND PERMITTED TO RETURN TO THEIR HOMES AND ENGAGE IN CIVILIAN PURSUITS PRIOR TO THE TERMINATION OF THE JAPANESE OCCUPATION OF THE PHILIPPINE ISLANDS. IT IS THUS APPARENT THAT SUBSECTION 2 (B) OF THE MISSING PERSONS ACT OVERCOMES THE EFFECT OF THE OTHERWISE CONCLUSIVE "NON-CASUALTY" DETERMINATIONS MADE UNDER AUTHORITY OF THAT ACT IN THE CASE OF THE PHILIPPINE SCOUT PERSONNEL IN QUESTION WHERE SUCH DETERMINATIONS RESTED SOLELY ON THE FACT OF PAROLE AND PERMISSION TO RETURN HOME AND ENGAGE IN CIVILIAN PURSUITS PRIOR TO TERMINATION OF THE JAPANESE OCCUPATION OF THE PHILIPPINE ISLANDS.

HOWEVER, SUBSECTION 2 (B) FURTHER PROVIDES THAT NO CLAIMS FOR PAY AND ALLOWANCES THEREUNDER SHALL BE APPROVED FOR PAYMENT IF THE CLAIMANT VOLUNTARILY PARTICIPATED WITH OR FOR THE JAPANESE GOVERNMENT, JAPANESE NATIONALS, OR OTHERS AND PERFORMED ACTIONS OR DUTIES OF A MILITARY NATURE HOSTILE TO THE UNITED STATES. A DETERMINATION MADE PURSUANT TO THE AUTHORITY OF SECTION 9 OF THE MISSING PERSONS ACT, OR A CHANGE OR MODIFICATION OF A PREVIOUS DETERMINATION MADE UNDER THAT AUTHORITY THAT A CLAIMANT VOLUNTARILY PARTICIPATED WITH OR FOR THE JAPANESE GOVERNMENT, JAPANESE NATIONALS, OR OTHERS AND PERFORMED ACTIONS OR DUTIES OF A MILITARY NATURE HOSTILE TO THE UNITED STATES WILL PRECLUDE THE INDIVIDUAL CONCERNED FROM RECEIVING THE BENEFITS PRESCRIBED BY SUBSECTION 2 (B). THE ABSENCE OF A VALID DETERMINATION MADE UNDER AUTHORITY OF THE MISSING PERSONS ACT RESPECTING SUCH A STATUS, THOSE MEMBERS OF THE PHILIPPINE SCOUTS WHO MEET THE REQUIREMENTS AND CONDITIONS SPECIFIED IN SUBSECTION 2 (B) MUST BE GRANTED AND PAID THE PAY AND ALLOWANCES TO WHICH THEY OTHERWISE WOULD HAVE BECOME ENTITLED IF THE INITIAL DETERMINATIONS MADE IN THEIR RESPECTIVE CASES HAD PLACED THEM IN A "CASUALTY" STATUS UNDER THE ACT.

THEREFORE, BASED ON THE ASSUMPTION THAT THE FIRST PROVISO OF SUBSECTION 2 (B), RELATING TO VOLUNTARY PARTICIPATION WITH OR FOR THE JAPANESE GOVERNMENT, ETC., DOES NOT DEPRIVE A PARTICULAR CLAIMANT OF THE BENEFITS OF THAT SUBSECTION, QUESTIONS A AND B ARE ANSWERED IN THE AFFIRMATIVE.

SUBSECTION 2 (B) WAS EXPRESSLY MADE EFFECTIVE FROM SEPTEMBER 8, 1939, WHICH IS THE EFFECTIVE DATE OF THE MISSING PERSONS ACT. THUS, IT CLEARLY APPEARS THAT THE PROVISIONS OF SUBSECTION 2 (B) ARE TO BE ACCORDED RETROACTIVE EFFECT AND THE ANSWER TO QUESTION C IS IN THE AFFIRMATIVE.

QUESTION D IS ANSWERED IN THE AFFIRMATIVE. SEE THE ANSWER TO QUESTIONS A AND B ABOVE.

THE ANSWER TO QUESTION E ALSO IS AFFIRMATIVE. SEE ANSWER TO QUESTION C ABOVE.

IN ADDITION TO THE SEVERAL QUESTIONS CONCERNING RETIREMENT AND RETIRED PAY BENEFITS, THE ANSWERS TO WHICH ARE SET FORTH ABOVE, A FURTHER DOUBT IS STATED TO HAVE ARISEN CONCERNING THE PROPER ADMINISTRATION OF THE PROVISIONS OF SUBSECTION 2 (B) AS THEY RELATE TO THE BENEFITS OF THE ARMED FORCES LEAVE ACT OF 1946, 37 U.S.C.A. 31A 38. THE DOUBT IS EXPRESSED AS FOLLOWS:

IN ADDITION TO THE NEED FOR CLARIFICATION OF RETIREMENT AND RETIRED PAY BENEFITS, DOUBT EXISTS AS TO THE PROPER ADMINISTRATION OF THE LAW AS IT PERTAINS TO CERTAIN OTHER BENEFITS WHICH HAVE ARISEN AS THE RESULT OF THE ENACTMENT OF PUBLIC LAW 85-217, SUPRA. BY AUTHORIZING PAY FOR THE PERIOD IN QUESTION, IT WOULD APPEAR THAT ADJUSTMENTS SHOULD BE MADE IN PREVIOUS SETTLEMENTS FOR UNUSED LEAVE. THE ARMED FORCES LEAVE ACT OF 1946, (60 STAT. 965), AS ORIGINALLY ENACTED, PROVIDED THAT MEMBERS OF THE ARMED FORCES WHO WERE DISCHARGED PRIOR TO 1 SEPTEMBER 1946 MAY BE COMPENSATED FOR UNUSED LEAVE WHICH HAD ACCRUED TO THEM INCIDENT TO THEIR SERVICE; AND, FOR MEMBERS REMAINING ON ACTIVE DUTY COMPENSATION WAS AUTHORIZED FOR UNUSED LEAVE IN EXCESS OF 60 DAYS. THE APPLICATION FOR PAYMENT MUST HAVE BEEN MADE NOT LATER THAN 1 SEPTEMBER 1947. THIS ACT WAS AMENDED BY PUBLIC LAW 254, 80TH CONGRESS (61 STAT. 510) TO EXTEND THE DATE FOR SUBMITTING APPLICATIONS TO 1 SEPTEMBER 1948. THE FINAL DATE FOR FILING SUCH APPLICATIONS WAS LATER EXTENDED TO 30 JUNE 1951 BY PUBLIC LAW 479, 81ST CONGRESS (64 STAT. 88). IN THE CASES COVERED BY PUBLIC LAW 85-217, SUPRA, SETTLEMENT FOR UNUSED LEAVE WAS MADE, EXCLUDING ANY LEAVE WHICH WOULD HAVE BEEN EARNED DURING THE PAROLE PERIODS. IN VIEW OF THE TIME LIMIT FOR THE FILING OF APPLICATIONS AS SPECIFIED BY PUBLIC LAW 479, SUPRA, DOUBT EXISTS AS TO THE PROPRIETY OF EFFECTING ANY ADJUSTMENTS IN THE SETTLEMENTS PREVIOUSLY MADE. THE FINAL DATE FOR FILING CLAIM FOR SETTLEMENT AND COMPENSATION FOR MILITARY LEAVE NOT TAKEN PRIOR TO SEPTEMBER 1, 1946 (BUT NOT TO EXCEED THE LIMITATIONS ON LEAVE PRESCRIBED IN THE ARMED FORCES LEAVE ACT OF 1946, 37 U.S.C. 32 NOTE) WAS JUNE 30, 1951. SEE 37 U.S.C.A. 34 (A) AND (B). AN EXCEPTION TO THIS APPEARS IN 37 U.S.C.A. 34 (A) WHEREIN IT IS PROVIDED THAT IN THE CASE OF THE CORRECTION OF A RECORD IN THE CIRCUMSTANCES THEREIN STATED TO SHOW DISCHARGE UNDER HONORABLE CONDITIONS APPLICATION MAY BE MADE "WITHIN ONE YEAR AFTER THE DATE ON WHICH SUCH RECORD IS CORRECTED," OR JUNE 30, 1951, WHICHEVER IS LATER. IS STATED IN THE DISCUSSION ABOVE QUOTED THAT THE LEAVE SETTLEMENTS MADE IN ACCORDANCE WITH THE PROVISIONS OF THE ARMED FORCES LEAVE ACT OF 1946 IN THE CASES OF THOSE PHILIPPINE SCOUTS WHO ARE WITHIN THE SCOPE AND PURVIEW OF SUBSECTION 2 (B) OF THE MISSING PERSONS ACT EXCLUDED ANY LEAVE CREDIT WHICH WOULD HAVE BEEN EARNED DURING THE PERIOD OF PAROLE. THUS, IN VIEW OF THE CONCLUSIVENESS OF VALID "NON-CASUALTY" DETERMINATIONS MADE UNDER AUTHORITY OF THE MISSING PERSONS ACT THE MEMBERS OF THE PHILIPPINE SCOUTS CONCERNED IN THOSE CASES WERE NOT ENTITLED TO ANY FURTHER LEAVE BENEFITS UNDER THE ARMED FORCES LEAVE ACT OF 1946 AND CONSEQUENTLY WOULD HAVE HAD NO BASIS UPON WHICH TO PRESENT A CLAIM FOR ADDITIONAL LEAVE BENEFITS PRIOR TO AUGUST 29, 1957, DATE OF ENACTMENT OF SUBSECTION 2 (B) OF THE MISSING PERSONS ACT. IN OTHER WORDS THE PRESENT BASIS OF ENTITLEMENT OF THESE MEMBERS OF THE PHILIPPINE SCOUTS TO ANY ADJUSTMENT IN THEIR LUMP-SUM LEAVE SETTLEMENTS ARISES SOLELY BY VIRTUE OF THE PROVISIONS OF SUBSECTION 2 (B) OF THE MISSING PERSONS ACT AS ADDED BY THE ACT OF AUGUST 29, 1957. SINCE THE RIGHT TO SUCH AND ADJUSTMENT DID NOT ACCRUE UNTIL AUGUST 29, 1957, IT IS OUR VIEW THAT THE TIME LIMIT, JUNE 30, 1951, FOR FILING CLAIMS UNDER AUTHORITY OF THE ARMED FORCES LEAVE ACT OF 1946 IS NOT PROPERLY FOR APPLICATION IN THESE CASES.

IN THAT CONNECTION, IT WILL BE NOTED THAT SUBSECTION 2 (B) CONTAINS AN EXPRESS PROVISION THAT ANY CLAIMS OF MEMBERS OF THE PHILIPPINE SCOUTS FOR PAY AND ALLOWANCES DUE THEM UNDER THAT STATUTORY PROVISION (WHETHER OR NOT SUCH CLAIMS HAVE BEEN PRESENTED AND REJECTED OR DISALLOWED) MAY BE PRESENTED FOR CONSIDERATION OR RECONSIDERATION AND PAYMENT UNTIL THREE YEARS AFTER AUGUST 29, 1957, DATE OF ENACTMENT OF THAT LAW. ACCORDINGLY, PAYMENT OF AMOUNTS REPRESENTING ADDITIONAL LUMP SUM LEAVE PAYMENTS TO THE EXTENT OTHERWISE DUE AND PAYABLE IN ACCORDANCE WITH THE PROVISIONS OF THE ARMED FORCES LEAVE ACT OF 1946 AND WHICH HAVE ACCRUED TO THOSE MEMBERS OF THE PHILIPPINE SCOUTS CONCERNED SOLELY BY VIRTUE OF THE PROVISIONS OF SUBSECTION 2 (B) OF THE MISSING PERSONS ACT MAY BE MADE IF CLAIM THEREFOR IS MADE WITHIN THREE YEARS AFTER AUGUST 29, 1957, DATE OF ENACTMENT OF SUBSECTION 2 (B).