B-153338, APR. 8, 1964

B-153338: Apr 8, 1964

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ORTIZ: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 25. WAS EFFECTED UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6. HAVE SERVED NO PART THEREOF OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA.'. WAS ENTITLED TO A MUSTERING-OUT PAYMENT OF 200 PHILIPPINE PESOS. IT APPEARS THAT YOU HAVE RECEIVED THE FULL AMOUNT TO WHICH YOU WERE ENTITLED UNDER THE LAWS MENTIONED ABOVE.

B-153338, APR. 8, 1964

TO MR. ESPERDION R. ORTIZ:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 25, 1963, AND THE ACCOMPANYING ENCLOSURES, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING- OUT PAY WHICH YOU BELIEVE TO BE DUE YOU INCIDENT TO YOUR SERVICE IN THE PHILIPPINE SCOUTS FROM JUNE 25, 1946, THE DATE OF YOUR ENLISTMENT, TO MAY 5, 1949, THE DATE OF YOUR DISCHARGE.

IT SEEMS EVIDENT THAT YOUR ENLISTMENT IN THE PHILIPPINE SCOUTS ON JUNE 25, 1946, WAS EFFECTED UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 538, 543, WHICH AUTHORIZED THE SECRETARY OF WAR, WITH THE APPROVAL OF THE PHILIPPINE GOVERNMENT, TO ENLIST FIFTY THOUSAND MEN IN THE PHILIPPINE SCOUTS "FOR SERVICE IN THE PHILIPPINE ISLANDS" AND ELSEWHERE IN THE FAR EAST. ALTHOUGH TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, PROVIDED THAT THE BENEFITS PROVIDED IN THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, SHOULD BE DEEMED TO APPLY TO PERSONS FOR SERVICE IN THE PHILIPPINE SCOUTS UNDER SECTION 14 OF THE 1945 ACT, IT FURTHER PROVIDED (1) THAT FOR THE PURPOSE OF COMPUTING SUCH PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS, SERVICE WHOLLY PERFORMED IN THE PHILIPPINE ISLANDS SHOULD BE COMPENSATED FOR ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES AND (2) THAT MUSTERING-OUT PAYMENTS MADE ON ACCOUNT OF SUCH SERVICE IN THE PHILIPPINE SCOUTS SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT. SECTION 2 (A) (2) OF THE 1944 ACT AUTHORIZED THE PAYMENT OF "$200 FOR PERSONS WHO, HAVING PERFORMED ACTIVE SERVICE FOR SIXTY DAYS OR MORE, HAVE SERVED NO PART THEREOF OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA.' UNDER SUCH STATUTORY PROVISIONS, A MEMBER OF THE PHILIPPINE SCOUTS WHO HAD PERFORMED ACTIVE SERVICE FOR 60 DAYS OR MORE, WHOLLY WITHIN THE PHILIPPINE ISLANDS, WAS ENTITLED TO A MUSTERING-OUT PAYMENT OF 200 PHILIPPINE PESOS.

SINCE THE RECORDS SHOW AND YOU ADMIT THAT YOU RECEIVED THE SUM OF $100 (THE EQUIVALENT OF 200 PHILIPPINE PESOS) AS MUSTERING-OUT PAY, IT APPEARS THAT YOU HAVE RECEIVED THE FULL AMOUNT TO WHICH YOU WERE ENTITLED UNDER THE LAWS MENTIONED ABOVE.