B-142821, MAY 25, 1960

B-142821: May 25, 1960

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WHICH WAS DISALLOWED BY OFFICE SETTLEMENT OF SEPTEMBER 6. YOUR CLAIM WAS CONSIDERED UNDER THE "MISSING PERSONS ACT" OF MARCH 7. APP. 1009 (A) IS. SHALL HAVE AUTHORITY TO MAKE ALL DETERMINATIONS NECESSARY IN THE ADMINISTRATION OF THIS ACT (SECTIONS 1001-1012 AND 1013-1016 OF THIS APPENDIX). IT WAS STATED AS FOLLOWS: "EMPLOYMENT STATUS AT BEGINNING OF ABSENCE WAS LABORER. $180.00 PER ANNUM AND IS ENTITLED TO THE BENEFITS OF THE ACT FOR THE PERIOD BEGINNING 1 DEC 41 AND CONTINUING TO 23 DEC 41. EMPLOYEE IS CONSIDERED TO HAVE RESUMED A REASONABLY NORMAL EXISTENCE WITH NO SERIOUS DEPRIVATION OCCASIONED BY HIS FORMER OFFICIAL STATUS ON 24 DEC 41 * * *.'. IT WAS STATED AS FOLLOWS: "ON THE BASIS OF INFORMATION FURNISHED UNFAVORABLE RECOMMENDATION IS MADE FOR THE PAYMENT OF BACK PAY DURING WORLD WAR II WHILE EMPLOYED BY THE QUARTERMASTER CORPS.

B-142821, MAY 25, 1960

TO MR. BUENAVENTURA N. BAGANG:

YOUR LETTER OF MARCH 14, 1960, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR 3 YEARS BACK PAY FROM DECEMBER 24, 1941,"TILL LIBERATION," ALLEGED TO BE DUE YOU AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, FORT STOTSENBURG, PHILIPPINE ISLANDS, WHICH WAS DISALLOWED BY OFFICE SETTLEMENT OF SEPTEMBER 6, 1956.

YOUR CLAIM WAS CONSIDERED UNDER THE "MISSING PERSONS ACT" OF MARCH 7, 1942, SECTION 9 OF WHICH, AS AMENDED, 50 U.S.C. APP. 1009 (A) IS, IN PART, 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 (SECTIONS 1001-1012 AND 1013-1016 OF THIS APPENDIX), AND FOR THE PURPOSES OF THIS ACT (SAID SECTIONS) DETERMINATIONS SO MADE SHALL BE CONCLUSIVE * * *.'

BY ADMINISTRATIVE REPORT DATED DECEMBER 27, 1947, IT WAS STATED AS FOLLOWS:

"EMPLOYMENT STATUS AT BEGINNING OF ABSENCE WAS LABORER, UNGRADED, $180.00 PER ANNUM AND IS ENTITLED TO THE BENEFITS OF THE ACT FOR THE PERIOD BEGINNING 1 DEC 41 AND CONTINUING TO 23 DEC 41. EMPLOYEE IS CONSIDERED TO HAVE RESUMED A REASONABLY NORMAL EXISTENCE WITH NO SERIOUS DEPRIVATION OCCASIONED BY HIS FORMER OFFICIAL STATUS ON 24 DEC 41 * * *.'

ALSO, BY ADMINISTRATIVE REPORT DATED AUGUST 13, 1956, IT WAS STATED AS FOLLOWS:

"ON THE BASIS OF INFORMATION FURNISHED UNFAVORABLE RECOMMENDATION IS MADE FOR THE PAYMENT OF BACK PAY DURING WORLD WAR II WHILE EMPLOYED BY THE QUARTERMASTER CORPS, FORT STOTSENBURG, PAMPANGA, PHILIPPINE ISLANDS.

"ACCORDING TO DETERMINATION OF STATUS UNDER THE MISSING PERSONS ACT DATED 27 DECEMBER 1947 ADJUTANT GENERALS OFFICE HEADQUARTERS PHILIPPINES - RYUKYUS COMMAND APO 707, MR. BAGANG WAS ENTITLED TO PAY THROUGH THE 23 DECEMBER 1941.'

IN VIEW OF THOSE ADMINISTRATIVE REPORTS WE ARE REQUIRED TO HOLD THAT NOTHING FURTHER IS DUE YOU UNDER THE MISSING PERSONS ACT.

THE SETTLEMENT DATED SEPTEMBER 6, 1956, APPEARS TO HAVE BEEN CORRECT AND UPON REVIEW IT MUST BE, AND IS, SUSTAINED.