B-135639, MAY 9, 1958

B-135639: May 9, 1958

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LEONARDO AWAY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 1. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 9. ALLOWANCES FOR QUARTERS AND SUBSISTENCE ARE PAYABLE TO PHILIPPINE SCOUTS IN A NONTRAVEL STATUS AT THE FOLLOWING DAILY RATES UNDER THE CONDITIONS STATED: CHART "QUARTERS * * * "A. OR THIRD GRADE IN THE PHILIPPINE SCOUTS WHO IS NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS. WHO HAS A DEPENDENT * * * SHALL BE ENTITLED TO RECEIVE FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR SUCH DEPENDENT. EXCEPT THAT THE ALLOTMENT REQUIREMENT * * * IS NOT APPLICABLE TO PHILIPPINE SCOUTS. THAT THERE WAS AN UNPAID BALANCE OF $555. IT IS NOT ESTABLISHED THAT YOU INCURRED ANY ACTUAL EXPENSES FOR YOUR MOTHER'S LODGING DURING THE PERIOD COVERED BY YOUR CLAIM.

B-135639, MAY 9, 1958

TO MR. LEONARDO AWAY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 1, 1958, CONCERNING YOUR CLAIM AS A MEMBER OF THE PHILIPPINE SCOUTS FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS ON ACCOUNT OF YOUR DEPENDENT MOTHER DURING THE PERIOD FROM DECEMBER 6, 1947, THROUGH MAY 12, 1949.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 9, 1950, BECAUSE OF THE ABSENCE OF EVIDENCE SHOWING YOUR ACTUAL EXPENDITURES FOR LODGING FOR YOUR DEPENDENT MOTHER DURING THE PERIOD INVOLVED.

PURSUANT TO AUTHORITY CONTAINED IN SECTION 11 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, PARAGRAPH 12B, ARMY REGULATIONS NO. 35-4520, DATED DECEMBER 3, 1946, PROVIDED:

"B. RATES.--- EFFECTIVE 1 JUNE 1946, SUBJECT TO THE SAME RESTRICTIONS APPLYING IN CASES OF ENLISTED MEN OF THE REGULAR ARMY, ALLOWANCES FOR QUARTERS AND SUBSISTENCE ARE PAYABLE TO PHILIPPINE SCOUTS IN A NONTRAVEL STATUS AT THE FOLLOWING DAILY RATES UNDER THE CONDITIONS STATED:

CHART

"QUARTERS * * *

"A. IN PHILIPPINE

ISLANDS--- ACTUAL EXPENSES

FOR LODGING

NOT TO EXCEED

65 CENTS PER DAY * * *"

PARAGRAPH 28A OF THE SAME REGULATIONS, AS CHANGED BY CHANGES NO. 1, DATED JUNE 28, 1947, PROVIDED AS FOLLOWS:

"PHILIPPINE SCOUTS.--- A. EFFECTIVE 1 JUNE 1946, SUBJECT TO THE SAME RESTRICTIONS APPLYING TO ENLISTED MEN OF THE REGULAR ARMY, EACH ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE IN THE PHILIPPINE SCOUTS WHO IS NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS, AND WHO HAS A DEPENDENT * * * SHALL BE ENTITLED TO RECEIVE FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR SUCH DEPENDENT, THE MONEY ALLOWANCE FOR QUARTERS PRESCRIBED IN PARAGRAPH 12 FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS IN A NONTRAVEL STATUS, EXCEPT THAT THE ALLOTMENT REQUIREMENT * * * IS NOT APPLICABLE TO PHILIPPINE SCOUTS.

IT APPEARS FROM YOUR AFFIDAVIT EXECUTED FEBRUARY 7, 1949, THAT DURING THE PERIOD FROM DECEMBER 1, 1947, THROUGH JANUARY 31, 1949, YOU CONTRIBUTED A TOTAL OF $364, OR AN AVERAGE OF $26 MONTHLY, TO YOUR MOTHER'S SUPPORT. APPEARS FROM AN AFFIDAVIT EXECUTED APRIL 10, 1950, BY ANSELMO F. BOADO, YOUR MOTHER'S LANDLORD, THAT DURING THE PERIOD FROM DECEMBER 1, 1946, TO JUNE 1, 1949, YOUR MOTHER HAD AGREED TO PAY HIM A RENTAL OF $20 MONTHLY; THAT SHE PAID HIM A TOTAL OF $45 ONLY; AND THAT THERE WAS AN UNPAID BALANCE OF $555. THUS, IT IS NOT ESTABLISHED THAT YOU INCURRED ANY ACTUAL EXPENSES FOR YOUR MOTHER'S LODGING DURING THE PERIOD COVERED BY YOUR CLAIM, YOUR CONTRIBUTIONS FOR HER SUPPORT APPARENTLY HAVING BEEN USED FOR PURPOSES OTHER THAN TO PROCURE LODGING.

ON THIS RECORD, THERE IS NO AUTHORITY OF LAW FOR THE ALLOWANCE OF YOUR CLAIM AND THE DISALLOWANCE IS SUSTAINED.