B-161889, JUN. 19, 1968
Highlights
MIRO: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 9. THE DISALLOWANCE OF WHICH WAS SUSTAINED IN OUR DECISION OF AUGUST 3. WHICH YOU BELIEVE ENTITLES YOU TO RECEIVE CERTAIN BENEFITS AT THE RATE OF "FIFTY CENTS (?50) IN EVERY DOLLAR" AND YOU STATE THAT SUCH LAW WAS BASED ON A JULY 26. THE LAW TO WHICH YOU APPARENTLY HAVE REFERENCE IS PUBLIC LAW 89-641. SUCH STATUTORY PROVISIONS HAVE NO BEARING ON ENTITLEMENT TO PAY AND ALLOWANCES FOR MILITARY SERVICE DURING WORLD WAR II. THE MILITARY ORDER TO WHICH YOU REFER ACTUALLY WAS AN ORDER ISSUED BY THE PRESIDENT OF THE UNITED STATES ON JULY 26. OUR FILE SHOWS THAT YOU HAVE BEEN PREVIOUSLY ADVISED THAT NEITHER PUBLIC LAW 89-641. YOUR MILITARY SERVICE WAS AS A MEMBER OF THE PHILIPPINE SCOUTS.
B-161889, JUN. 19, 1968
TO MR. TEODORICO L. MIRO:
REFERENCE IS MADE TO YOUR LETTER DATED APRIL 9, 1968, CONCERNING YOUR CLAIM FOR INCREASED MILITARY PAY AND ALLOWANCES BELIEVED DUE INCIDENT TO YOUR SERVICE AS A MEMBER OF THE PHILIPPINE SCOUTS DURING THE PERIOD ENDING APRIL 8, 1947, THE DISALLOWANCE OF WHICH WAS SUSTAINED IN OUR DECISION OF AUGUST 3, 1967, B-161889.
YOU REFER TO A NEW LAW ENACTED ON OCTOBER 4, 1966, WHICH YOU BELIEVE ENTITLES YOU TO RECEIVE CERTAIN BENEFITS AT THE RATE OF "FIFTY CENTS (?50) IN EVERY DOLLAR" AND YOU STATE THAT SUCH LAW WAS BASED ON A JULY 26, 1941, ORDER FROM GENERAL DOUGLAS MACARTHUR, WHICH STATED THAT FILIPINOS WOULD RECEIVE FEDERALIZED PAY AND ALLOWANCES, THE SAME AS MEMBERS OF THE REGULAR ARMY OF THE UNITED STATES.
WE KNOW OF NO LAW ENACTED ON OCTOBER 4, 1966, THAT IN ANY WAY RELATES TO YOUR CLAIM. THE LAW TO WHICH YOU APPARENTLY HAVE REFERENCE IS PUBLIC LAW 89-641, APPROVED OCTOBER 11, 1966, 80 STAT. 884. HOWEVER, THAT LAW RELATES TO THE REFUND OF CERTAIN MONIES ERRONEOUSLY DEDUCTED FOR LIFE INSURANCE PREMIUMS FROM THE PAY OF MEMBERS OF THE ORGANIZED MILITARY FORCES OF THE GOVERNMENT OF THE PHILIPPINES, PAYMENT TO BE MADE IN PHILIPPINE PESOS AT THE RATE OF 50 CENTS FOR EACH DOLLAR AUTHORIZED. SUCH STATUTORY PROVISIONS HAVE NO BEARING ON ENTITLEMENT TO PAY AND ALLOWANCES FOR MILITARY SERVICE DURING WORLD WAR II.
THE MILITARY ORDER TO WHICH YOU REFER ACTUALLY WAS AN ORDER ISSUED BY THE PRESIDENT OF THE UNITED STATES ON JULY 26, 1941, PUBLISHED IN 6 F.R. 3825. THAT ORDER, AS LATER EFFECTUATED BY GENERAL MACARTHUR IN GENERAL ORDER NO. 46, CALLED INTO THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES ALL THE ORGANIZED MILITARY FORCES OF THE COMMONWEALTH OF THE PHILIPPINES FOR THE PERIOD OF THE THEN EXISTING EMERGENCY.
OUR FILE SHOWS THAT YOU HAVE BEEN PREVIOUSLY ADVISED THAT NEITHER PUBLIC LAW 89-641, NOR THE ORDER OF JULY 26, 1941, RELATE IN ANY WAY TO YOUR SITUATION. YOUR MILITARY SERVICE WAS AS A MEMBER OF THE PHILIPPINE SCOUTS, WHICH ORGANIZATION WAS A PART OF THE ARMED FORCES OF THE UNITED STATES, NOT THAT OF THE COMMONWEALTH OF THE PHILIPPINES.
OUR DECISION OF AUGUST 3, 1967, ACCURATELY STATED THE AMOUNTS TO WHICH YOU WERE ENTITLED AND PAID AS A MEMBER OF THE PHILIPPINE SCOUTS AND SINCE YOUR LETTER OF APRIL 9, 1968, CONTAINS NO INFORMATION OR FACTS NOT PREVIOUSLY CONSIDERED, IT FURNISHES NO BASIS FOR ANY CHANGE IN THE ACTION HERETOFORE TAKEN IN THIS CASE.