B-149514, AUG. 3, 1962

B-149514: Aug 3, 1962

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WE EXPLAINED THAT YOUR CLAIM WAS DISALLOWED BECAUSE OF YOUR SEPARATION FROM THE SERVICE WHEN YOU ACCEPTED EMPLOYMENT IN THE JAPANESE NAVY YARD. THAT INFORMATION WAS CONTAINED IN THE REPORT OF THE DEPARTMENT OF THE NAVY THAT THERE WAS NO ADDITIONAL COMPENSATION DUE YOU UNDER THE MISSING PERSONS ACT. THE AUTHORITY TO DETERMINE AMOUNTS PAYABLE UNDER THE MISSING PERSONS ACT IS. IN VIEW OF THE REPORT OF THAT DEPARTMENT WE ARE WITHOUT AUTHORITY TO ALLOW AN ADDITIONAL AMOUNT AND THEREFORE MUST SUSTAIN THE OFFICE SETTLEMENT OF MAY 29.

B-149514, AUG. 3, 1962

TO MR. MARTIN AMISTAD:

YOUR LETTER OF JULY 5, 1962, REQUESTS RECONSIDERATION OF YOUR CLAIM AS AN EMPLOYEE OF THE UNITED STATES NAVY YARD AT CAVITE, PHILIPPINES FOR ADDITIONAL COMPENSATION UNDER THE MISSING PERSONS ACT, AS AMENDED 50 U.S.C. APP. 1001 ET SEQ.

IN GENERAL ACCOUNTING OFFICE SETTLEMENT OF MAY 29, 1962, WE EXPLAINED THAT YOUR CLAIM WAS DISALLOWED BECAUSE OF YOUR SEPARATION FROM THE SERVICE WHEN YOU ACCEPTED EMPLOYMENT IN THE JAPANESE NAVY YARD. THAT INFORMATION WAS CONTAINED IN THE REPORT OF THE DEPARTMENT OF THE NAVY THAT THERE WAS NO ADDITIONAL COMPENSATION DUE YOU UNDER THE MISSING PERSONS ACT. YOU CONTEND THAT YOU DID NOT WORK FOR THE JAPANESE GOVERNMENT.

THE AUTHORITY TO DETERMINE AMOUNTS PAYABLE UNDER THE MISSING PERSONS ACT IS, IN YOUR CASE, VESTED BY LAW IN THE DEPARTMENT OF THE NAVY AND NOT IN THE GENERAL ACCOUNTING OFFICE.

IN VIEW OF THE REPORT OF THAT DEPARTMENT WE ARE WITHOUT AUTHORITY TO ALLOW AN ADDITIONAL AMOUNT AND THEREFORE MUST SUSTAIN THE OFFICE SETTLEMENT OF MAY 29, 1962, WHICH DISALLOWED YOUR CLAIM.