B-158243, JAN. 25, 1966

B-158243: Jan 25, 1966

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AS YOU WERE ADVISED IN OUR SETTLEMENT LETTER OF SEPTEMBER 22. WE HAVE BEEN INFORMED BY THE DEPARTMENT OF THE ARMY THAT THE SEVERANCE PAY PLAN FOR NATIVE RYUKYUAN EMPLOYEES DOES NOT APPLY TO FILIPINO NATIONALS EMPLOYED ON OKINAWA. SINCE NEITHER OF SUCH SEVERANCE PAY PLANS PERTAINS TO YOUR SEPARATION FOR RETURN TO THE PHILIPPINES IN NOVEMBER 1956 THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

B-158243, JAN. 25, 1966

TO MR. CARLOS TABAFUNDA:

YOUR LETTER OF DECEMBER 12, 1965, REQUESTS REVIEW OF OUR SETTLEMENT OF SEPTEMBER 22, 1964, DISALLOWING YOUR CLAIM OF JULY 17, 1964, FOR SEVERANCE PAY INCIDENT TO THE TERMINATION OF YOUR EMPLOYMENT BY THE UNITED STATES ARMY, RYUKYUS COMMAND CENTRAL EXCHANGE, OKINAWA, ON NOVEMBER 9, 1956. SUPPORT OF YOUR POSITION YOU REFER TO DEPARTMENT OF THE ARMY MESSAGE NO. DA 952246.

THE REFERENCED MESSAGE, A TYPED COPY WHICH YOU SUBMITTED WITH YOUR CLAIM, DOES NOT PURPORT TO AUTHORIZE SEVERANCE PAY FOR ANY EMPLOYEE. IT MERELY PROVIDES THAT OBLIGATIONS FOR SEVERANCE PAY ,WHEN APPLICABLE AND PROPERLY PAYABLE" SHOULD BE CHARGED TO APPROPRIATION ACCOUNTS IN THE MANNER INDICATED THEREIN. WE FIND NOTHING IN THAT MESSAGE IN SUPPORT OF YOUR CLAIM.

AS YOU WERE ADVISED IN OUR SETTLEMENT LETTER OF SEPTEMBER 22, 1964, WE HAVE BEEN INFORMED BY THE DEPARTMENT OF THE ARMY THAT THE SEVERANCE PAY PLAN FOR NATIVE RYUKYUAN EMPLOYEES DOES NOT APPLY TO FILIPINO NATIONALS EMPLOYED ON OKINAWA. OUR RECORDS SHOW THAT SEVERANCE PAY BENEFITS FOR FILIPINOS EMPLOYED OUTSIDE OF THE PHILIPPINES BY THE UNITED STATES ARMY IN THE RYUKYU ISLANDS BECAME EFFECTIVE DECEMBER 3, 1964. THEREFORE, SINCE NEITHER OF SUCH SEVERANCE PAY PLANS PERTAINS TO YOUR SEPARATION FOR RETURN TO THE PHILIPPINES IN NOVEMBER 1956 THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.