B-156016, JUL. 10, 1969
Highlights
LORENZO GUINTO: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 12. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF OUR DECISION DATED FEBRUARY 25. IN WHICH THE DISALLOWANCE OF YOUR CLAIM BY OUR CLAIMS DIVISION WAS SUSTAINED FOR THE REASON THAT THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942. IN RESPONSE TO YOUR ASSERTION THAT YOU WERE NOT A MEMBER OF THE PHILIPPINE SCOUTS. RATHER WERE A MEMBER OF THE ARMY OF THE UNITED STATES. YOU WERE ADVISED THAT THE FAMILY ALLOWANCE PAYABLE TO THE DEPENDENTS OF ENLISTED MEN WAS PAYABLE FOR THE PERIOD BEGINNING WITH THE FIRST DAY OF THE MONTH IN WHICH APPLICATION FOR THE ALLOWANCE WAS FILED. YOU HAVE FURNISHED NO INFORMATION SHOWING THAT YOU FILED AN APPLICATION FOR FAMILY ALLOWANCE AT ANY TIME DURING YOUR MILITARY SERVICE.
B-156016, JUL. 10, 1969
TO MR. LORENZO GUINTO:
REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 12, 1969, WITH ENCLOSURES, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS BELIEVED DUE FOR THE PERIOD APRIL 9, 1945, TO NOVEMBER 30, 1945, INCIDENT TO YOUR SERVICE IN THE ARMED FORCES OF THE UNITED STATES.
THIS MATTER WAS THE SUBJECT OF OUR DECISION DATED FEBRUARY 25, 1965, B- 156016, IN WHICH THE DISALLOWANCE OF YOUR CLAIM BY OUR CLAIMS DIVISION WAS SUSTAINED FOR THE REASON THAT THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, APPROVED JUNE 23, 1942, CH. 443, 56 STAT. 381, AS AMENDED BY THE ACT OF OCTOBER 26, 1943, CH. 281, 57 STAT. 577, CHAPTER 3, TITLE 37, U.S.C. (1946 ED.), CONTAINED PROVISIONS WHICH PROHIBITED THE PAYMENT OF FAMILY ALLOWANCE TO THE DEPENDENTS OF MEMBERS OF THE PHILIPPINE SCOUTS.
IN OUR LETTER OF SEPTEMBER 15, 1965, IN RESPONSE TO YOUR ASSERTION THAT YOU WERE NOT A MEMBER OF THE PHILIPPINE SCOUTS, BUT RATHER WERE A MEMBER OF THE ARMY OF THE UNITED STATES, YOU WERE ADVISED THAT THE FAMILY ALLOWANCE PAYABLE TO THE DEPENDENTS OF ENLISTED MEN WAS PAYABLE FOR THE PERIOD BEGINNING WITH THE FIRST DAY OF THE MONTH IN WHICH APPLICATION FOR THE ALLOWANCE WAS FILED. YOU HAVE FURNISHED NO INFORMATION SHOWING THAT YOU FILED AN APPLICATION FOR FAMILY ALLOWANCE AT ANY TIME DURING YOUR MILITARY SERVICE.
YOU HAVE NOW SUBMITTED A COPY OF YOUR DISCHARGE CERTIFICATE IN THE APPARENT BELIEF THAT SUCH DOCUMENT WOULD SUPPORT YOUR ENTITLEMENT TO THIS ALLOWANCE. ENTRIES ON THE BACK OF YOUR DISCHARGE CERTIFICATE SHOW THAT YOU ENLISTED IN THE PHILIPPINE SCOUTS ON MARCH 15, 1942, FOR THE DURATION OF THE THEN EXISTING EMERGENCY AND THAT YOU WERE DISCHARGED ON JANUARY 20, 1948. THIS RECORD INDICATES THAT YOUR ENTIRE MILITARY SERVICE WAS PERFORMED IN THE STATUS OF A PHILIPPINE SCOUT. ON THE BASIS OF THAT INFORMATION, IT APPEARS CLEAR THAT YOU DID NOT QUALIFY FOR PAYMENT OF A FAMILY ALLOWANCE UNDER THE PROVISIONS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 WHICH WERE QUOTED IN OUR DECISION TO YOU DATED FEBRUARY 25, 1965.
ACCORDINGLY, NO FURTHER ACTION BY THIS OFFICE IN CONNECTION WITH YOUR CLAIM WOULD BE APPROPRIATE.