B-148217, MAR. 27, 1962

B-148217: Mar 27, 1962

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THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF OCTOBER 5. SINCE THE RESPONSIBILITY FOR DETERMINING THE STATUS OF AN INDIVIDUAL FOR BENEFITS UNDER THE MISSING PERSONS ACT IS VESTED IN THE DEPARTMENT CONCERNED WE FORWARDED YOUR LETTER AND ENCLOSURES TO THE DEPARTMENT OF THE ARMY FOR CONSIDERATION. AFTER EXAMINATION OF THE PAPERS THAT AGENCY CONCLUDED THAT NO CHANGE WAS WARRANTED IN ITS ORIGINAL DETERMINATION THAT YOU DID NOT MEET THE REQUIREMENTS FOR BENEFITS UNDER THE ACT. IT NOW APPEARS THAT THE ORIGINAL ADMINISTRATIVE DETERMINATION WAS DATED NOVEMBER 2. THAT YOU WERE FULLY INFORMED THEREOF BY LETTER OF THE SAME DATE. FURTHER CONSIDERATION OF YOUR CLAIM IS PRECLUDED BY PUBLIC LAW NO. 820.

B-148217, MAR. 27, 1962

TO MR. FERNANDO A LAYUG:

YOUR LETTER POSTMARKED FEBRUARY 9, 1962, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR BENEFITS WHICH YOU BELIEVE TO BE DUE YOU UNDER PUBLIC LAW 85-217, 71 STAT. 491, INCIDENT TO YOUR FORMER SERVICE AS AN EMPLOYEE OF THE WAR DEPARTMENT HEADQUARTERS, PHILIPPINE DEPARTMENT, OFFICE OF THE QUARTERMASTER, MOTOR REPAIR SHOPS, MANILA, PHILIPPINE ISLANDS.

THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF OCTOBER 5, 1961, PURSUANT TO A DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOU DID NOT REMAIN IN A DUTY STATUS UNTIL ENEMY ACTION PRECLUDED CONTINUANCE OF SUCH DUTIES AND THEREFORE, YOU DID NOT MEET THE REQUIREMENTS OF THE MISSING PERSONS ACT, 56 STAT. 143, AS AMENDED BY PUBLIC LAW 85-217, SUPRA.

SINCE THE RESPONSIBILITY FOR DETERMINING THE STATUS OF AN INDIVIDUAL FOR BENEFITS UNDER THE MISSING PERSONS ACT IS VESTED IN THE DEPARTMENT CONCERNED WE FORWARDED YOUR LETTER AND ENCLOSURES TO THE DEPARTMENT OF THE ARMY FOR CONSIDERATION. AFTER EXAMINATION OF THE PAPERS THAT AGENCY CONCLUDED THAT NO CHANGE WAS WARRANTED IN ITS ORIGINAL DETERMINATION THAT YOU DID NOT MEET THE REQUIREMENTS FOR BENEFITS UNDER THE ACT. FURTHERMORE, IT NOW APPEARS THAT THE ORIGINAL ADMINISTRATIVE DETERMINATION WAS DATED NOVEMBER 2, 1945, AND THAT YOU WERE FULLY INFORMED THEREOF BY LETTER OF THE SAME DATE. THEREFORE, FURTHER CONSIDERATION OF YOUR CLAIM IS PRECLUDED BY PUBLIC LAW NO. 820, 76TH CONGRESS, APPROVED OCTOBER 9, 1940 (31 U.S.C. 71A), COPY HEREWITH.