B-148787, AUG. 2, 1962

B-148787, AUG. 2, 1962

TO MRS. SEGUNDA SANTIAGO Y. BANTOG:

YOUR LETTER OF JULY 19, 1962, REFERS TO PREVIOUS SETTLEMENTS AND PAYMENTS INCIDENT TO THE SERVICES OF YOUR LATE HUSBAND FRANCISCO BANTOG AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY AT MANILA, PHILIPPINES. YOU ALSO EXPRESS SURPRISE THAT HE WAS NOT ENTITLED TO "THREE YEARS BACK PAY, THAT IS DURING THE JAPANESE OCCUPATION.'

THE MISSING PERSONS ACT, AS AMENDED, 50 U.S.C. APP. 1002 PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"ANY PERSON WHO IS * * * PERFORMING * * * FULL-TIME DUTY * * * AND WHO IS OFFICIALLY DETERMINED TO BE ABSENT IN A STATUS OF * * * BELEAGUERED BY A HOSTILE FORCE * * * 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 BASIC PAY * * * TO WHICH HE WAS ENTITLED AT THE BEGINNING OF SUCH PERIOD OF ABSENCE * * *.'

THE RECORD OF SERVICE OF YOUR LATE HUSBAND INCLUDES A DETERMINATION UNDER DELEGATED AUTHORITY FROM THE SECRETARY OF THE ARMY THAT HE WAS IN A "BELEAGUERED STATUS" DURING THE PERIOD FROM DECEMBER 8, 1941, TO DECEMBER 31, 1941. THE RECORD SHOWS FURTHER THAT YOUR HUSBAND WAS "LAST PAID IN FULL TO INCLUDE 31 DEC. 41, HIS LAST DAY OF WORK.' HE WAS SEPARATED FROM THE SERVICE DECEMBER 31, 1941.

THE REPORT OF THE DEPARTMENT OF THE ARMY ALSO SAYS AS FOLLOWS:

"SUBSEQUENT TO 31 DECEMBER 1941, SUBJECT INDIVIDUAL IS CONSIDERED TO HAVE RESUMED A REASONABLY NORMAL EXISTENCE WITH NO SERIOUS DEPRIVATION OCCASIONED BY HIS FORMER OFFICIAL STATUS.'

THUS THERE APPEARS TO BE NO FURTHER PAYMENT DUE HIS ESTATE.

WE ARE ENCLOSING OUR LETTER TO YOU OF MAY 10, 1962, WHICH YOU RETURNED WITH YOUR LETTER.