B-157588, DEC. 17, 1965

B-157588: Dec 17, 1965

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

RECENT CORRESPONDENCE WE HAVE RECEIVED FROM YOU CONCERNING YOUR CLAIM FOR A $9. WAS AN ARREARS IN PAY DUE YOU IN 1945 FROM THE UNITED STATES AND THAT SUCH CHECK WAS ONLY DEPOSITED WITH THE U.S. AS YOU WERE INFORMED ON DECEMBER 9. GENERALLY IS REGARDED AS PRECLUDING OUR CONSIDERATION OF THE MERITS OF ANY CLAIM AGAINST THE UNITED STATES WHICH IS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF SUCH CLAIM IS NOT RECEIVED BY US WITHIN 10 YEARS AFTER SUCH CLAIM FIRST ACCRUED. THE REPORT FROM THE DEPARTMENT OF THE ARMY IS IN PERTINENT PART AS FOLLOWS: "MR. WAS DETERMINED ON 30 OCTOBER 1945 TO HAVE STATUS UNDER THE MISSING PERSONS ACT AND TO BE ENTITLED TO ARREARS IN PAY FOR THE PERIOD 17 APRIL 1942 TO 28 FEBRUARY 1945 INCLUSIVE AT THE RATE OF $1.

B-157588, DEC. 17, 1965

TO MR. ANTONIO G. CONCEPCION:

WE REFER TO YOUR LETTERS OF JULY 5, 1965, AND RECENT CORRESPONDENCE WE HAVE RECEIVED FROM YOU CONCERNING YOUR CLAIM FOR A $9,000 CHECK THAT, YOU SAY, WAS AN ARREARS IN PAY DUE YOU IN 1945 FROM THE UNITED STATES AND THAT SUCH CHECK WAS ONLY DEPOSITED WITH THE U.S. ARMY FOR SAFEKEEPING. STATED IN OUR LETTER OF OCTOBER 13, 1965, WE REQUESTED A REPORT FROM THE U.S. ARMY ADMINISTRATION CENTER, ST. LOUIS, MISSOURI, WHICH HAS NOT BEEN RECEIVED.

AS YOU WERE INFORMED ON DECEMBER 9, 1964, AND FEBRUARY 26, 1965, BY OUR CLAIMS DIVISION, THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, 237, GENERALLY IS REGARDED AS PRECLUDING OUR CONSIDERATION OF THE MERITS OF ANY CLAIM AGAINST THE UNITED STATES WHICH IS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IF SUCH CLAIM IS NOT RECEIVED BY US WITHIN 10 YEARS AFTER SUCH CLAIM FIRST ACCRUED.

THE REPORT FROM THE DEPARTMENT OF THE ARMY IS IN PERTINENT PART AS FOLLOWS:

"MR. ANTONIO G. CONCEPCION, CIVILIAN EMPLOYEE OF ARMY TRANSPORT SERVICE, FORT MILLS, PHILIPPINES, WAS DETERMINED ON 30 OCTOBER 1945 TO HAVE STATUS UNDER THE MISSING PERSONS ACT AND TO BE ENTITLED TO ARREARS IN PAY FOR THE PERIOD 17 APRIL 1942 TO 28 FEBRUARY 1945 INCLUSIVE AT THE RATE OF $1,470 PER ANNUM.

"ON 25 JANUARY 1946 A REDETERMINATION OF SUBJECT'S ENTITLEMENT UNDER THE MISSING PERSONS ACT WAS MADE AND NOTIFICATION OF THE REDETERMINATION WAS SENT TO THE ADJUTANT GENERAL (CASUALTY BRANCH) REQUESTING THAT SO MUCH OF THE PRIOR DETERMINATION AS READS "MISSING FROM 17 APRIL 1942 TO 28 FEBRUARY 1945" BE DISREGARDED AS HE IS ENTITLED TO BENEFITS UNDER THE ACT FROM 6 APRIL 1942 TO 16 APRIL 1942 ONLY. VOUCHER NO. 51983 WAS TRANSMITTED TO OFFICE OF SPECIAL SETTLEMENT ACCOUNTS ON 12 MARCH 1946; COPY OF TRANSMITTAL LETTER ATTACHED. COPY OF GSXRP NO. 43 PREVIOUSLY ATTACHED COVERING PERIOD FOR WHICH SUBJECT WAS DETERMINED TO BE ENTITLED TO $40.83 AS FULL PAY FOR HIS CIVILIAN EMPLOYMENT.

"HE WAS ALSO DETERMINED TO BE ENTITLED TO ARREARS IN PAY UNDER THE MISSING PERSONS ACT FOR THE PERIOD 3 NOVEMBER 1942 TO 17 MARCH 1945; COPY OF SETTLEMENT OF ARREARS IN PAY FOR HIS SERVICES WITH INSHORE PATROL UNIT, 164TH INFANTRY COMBAT TEAM, 6TH MILITARY DISTRICT IS ATTACHED. AMOUNT OF ARREARS IN PAY FOR THIS PERIOD WAS 1,683,64 PESOS.

"THERE IS NO RECORD OF ANY CHECKS OTHER THAN THE ONES FOR $40.83 AND 1,683,64 PESOS CENTAVOS.

"RECORDS SHOW THAT MR. CONCEPCION WAS PAID FOR THE PERIOD OF ENTITLEMENT BOTH AS A CIVILIAN EMPLOYEE FROM 6 APRIL 1942 TO 16 APRIL 1942 AND FOR HIS SERVICES AS A MEMBER OF THE PHILIPPINE ARMY FROM 3 NOVEMBER 1942 TO 17 MARCH 1945. A CHECK IN THE AMOUNT HE ALLEGED COULD HAVE BEEN BASED ONLY ON CIVILIAN EMPLOYMENT AFTER 16 APRIL 1942. HE WAS DETERMINED NOT TO BE ENTITLED TO BENEFITS UNDER THE MISSING PERSONS ACT AFTER THIS DATE AS HE RESUMED A REASONABLY NORMAL EXISTENCE WITH NO DEPREVATION OCCASIONED BY HIS FORMER OFFICIAL STATUS.'

THE DEPARTMENT OF THE ARMY ALSO INDICATES THAT YOU MAY HAVE BEEN TOLD THAT A CHECK COVERING THE PERIOD APRIL 17, 1942, TO FEBRUARY 28, 1945, HAD BEEN ISSUED IN ACCORDANCE WITH THE INITIAL DETERMINATION UNDER THE MISSING PERSONS ACT. HOWEVER, THAT INFORMATION WAS ERRONEOUS BECAUSE THE INITIAL DETERMINATION WAS CANCELED AND YOU WERE FOUND ENTITLED TO COMPENSATION AS A CIVILIAN EMPLOYEE ONLY FOR THE PERIOD APRIL 6, 1942, TO APRIL 16, 1942, THAT IS, $40.83.

FROM THE FOREGOING IT IS CLEAR THAT YOU ARE NOT ENTITLED TO ANY FURTHER AMOUNT FROM THE UNITED STATES. THEREFORE, YOUR CLAIM FOR THE PROCEEDS OF A CHECK FOR $9,000, OR ANY OTHER ADDITIONAL AMOUNT, IS DISALLOWED.