B-142675, APR. 28, 1960

B-142675: Apr 28, 1960

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WAS EMPLOYED BY THE UNITED STATES ARMY DURING WORLD WAR II. PROVIDES THAT SUCH DETERMINATION IS CONCLUSIVE. SUCH DETERMINATION IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE. ASKED THAT WE BE ADVISED OF ANY AMOUNT TO WHICH YOU WERE ENTITLED. ABSENT A DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT A DEATH GRATUITY IS DUE YOU BECAUSE OF THE DEATH OF YOUR SON. SUCH DETERMINATION CANNOT BE MADE UNTIL IT IS ESTABLISHED THAT YOUR SON WAS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY SUBJECT TO THE MISSING PERSONS ACT AT THE TIME OF HIS DEATH. IS CORRECT AND IT HEREBY IS SUSTAINED.

B-142675, APR. 28, 1960

TO MR. JUAN ALONEN:

THIS REFERS TO YOUR LETTER OF APRIL 8, 1960, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF FEBRUARY 2, 1960, WHICH DISALLOWED YOUR CLAIM FOR DEATH BENEFITS BELIEVED TO BE DUE YOU BECAUSE OF THE DEATH OF YOUR SON, SANTIAGO ALONEN, WHO, YOU SAY, WAS EMPLOYED BY THE UNITED STATES ARMY DURING WORLD WAR II.

ANY PAYMENT THAT MAY BE DUE YOU FROM THE UNITED STATES BECAUSE OF THE DEATH OF YOUR SON MUST BE PREMISED UPON A DETERMINATION OF ENTITLEMENT BY THE DEPARTMENT OF THE ARMY PURSUANT TO THE MISSING PERSONS ACT, AS AMENDED, 56 STAT. 143, 50 U.S.C. APP. 1001 ET SEQ. SECTION 9 OF THE MISSING PERSONS ACT, PROVIDES THAT SUCH DETERMINATION IS CONCLUSIVE. OTHER WORDS, SUCH DETERMINATION IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE.

WHEN YOU FIRST WROTE TO OUR OFFICE CONCERNING THIS MATTER WE REPORTED YOUR CLAIM TO THE FINANCE CENTER OF THE DEPARTMENT OF THE ARMY AT INDIANAPOLIS, INDIANA, AND ASKED THAT WE BE ADVISED OF ANY AMOUNT TO WHICH YOU WERE ENTITLED. THE DEPARTMENT OF THE ARMY REPORTED THAT SANTIAGO ALONEN HAS NOT BEEN IDENTIFIED IN THEIR RECORDS AS A WAR DEPARTMENT CIVILIAN EMPLOYEE IN THE PHILIPPINES DURING THE WORLD WAR II PERIOD.

ABSENT A DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT A DEATH GRATUITY IS DUE YOU BECAUSE OF THE DEATH OF YOUR SON, OUR OFFICE CANNOT MAKE PAYMENT ON YOUR CLAIM. SUCH DETERMINATION CANNOT BE MADE UNTIL IT IS ESTABLISHED THAT YOUR SON WAS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY SUBJECT TO THE MISSING PERSONS ACT AT THE TIME OF HIS DEATH. THEREFORE, ON THE PRESENT RECORD, OUR SETTLEMENT OF FEBRUARY 2, 1960, IS CORRECT AND IT HEREBY IS SUSTAINED.