B-162723, NOV. 8, 1967

B-162723: Nov 8, 1967

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SINCE CLAIM WAS CONSIDERED IN 1959 AND ADDITIONAL PAY WAS ALLOWED BASED ON REDETERMINATION OF STATUS UNDER MISSING PERSONS ACT AND BECAUSE OF BARRED ACT. NO FURTHER ACTION IS PROPER. YSMAEL: REFERENCE IS MADE TO YOUR LETTER DATED JULY 27. OUR FILE DISCLOSES THAT THE MATTER OF PAY AND ALLOWANCES FOR YOUR MILITARY SERVICE WAS THE SUBJECT OF THE SETTLEMENT BY OUR CLAIMS DIVISION DATED JUNE 23. WHEREIN YOU WERE ALLOWED ADDITIONAL PAY AND ALLOWANCES FOR THE PERIOD AUGUST 20. IN THAT SETTLEMENT YOU WERE ADVISED THAT ANY ITEMS OF PAY AND ALLOWANCES NOT COVERED BY THAT SETTLEMENT WERE BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9. A DETERMINATION WAS MADE UNDER THE MISSING PERSONS ACT. IT IS ASSUMED THAT PAYMENT WAS MADE FOR THE AMOUNT FOUND DUE AT THAT TIME.

B-162723, NOV. 8, 1967

ARMED SERVICES - PHILIPPINE SCOUT DECISION TO RETIRED OFFICER CONCERNING CLAIM FOR PAY AS PHILIPPINE SCOUT AND 2D LT. IN AUS IN WORLD WAR II. SINCE CLAIM WAS CONSIDERED IN 1959 AND ADDITIONAL PAY WAS ALLOWED BASED ON REDETERMINATION OF STATUS UNDER MISSING PERSONS ACT AND BECAUSE OF BARRED ACT, 31 U.S.C. 71A, NO FURTHER ACTION IS PROPER.

TO SECOND LIEUTENANT BARTOLOME R. YSMAEL:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 27, 1967, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH HAS BEEN FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED DUE YOU FOR THE PERIOD DECEMBER 1, 1941, TO AUGUST 19, 1942, INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT AND AS A SECOND LIEUTENANT IN THE ARMY OF THE UNITED STATES.

OUR FILE DISCLOSES THAT THE MATTER OF PAY AND ALLOWANCES FOR YOUR MILITARY SERVICE WAS THE SUBJECT OF THE SETTLEMENT BY OUR CLAIMS DIVISION DATED JUNE 23, 1959, WHEREIN YOU WERE ALLOWED ADDITIONAL PAY AND ALLOWANCES FOR THE PERIOD AUGUST 20, 1942, THROUGH NOVEMBER 27, 1945, BASED ON A REDETERMINATION OF YOUR STATUS UNDER THE MISSING PERSONS ACT, APPROVED MARCH 7, 1942, CH. 166, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001 (1958 ED.). IN THAT SETTLEMENT YOU WERE ADVISED THAT ANY ITEMS OF PAY AND ALLOWANCES NOT COVERED BY THAT SETTLEMENT WERE BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9,1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT READS IN PERTINENT PART:

"/1) ANY CLAIM OR DEMAND * * * AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE * * * SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED * * *.'

UNDER DATE OF NOVEMBER 19, 1945, A DETERMINATION WAS MADE UNDER THE MISSING PERSONS ACT, WHICH PERMITTED PAYMENT OF THE AMOUNT DUE YOU AS PAY AND ALLOWANCES FOR THE PERIOD DECEMBER 1, 1941, TO AUGUST 19, 1942. IT IS ASSUMED THAT PAYMENT WAS MADE FOR THE AMOUNT FOUND DUE AT THAT TIME. PAYMENT WAS NOT MADE, YOUR PRESENT CLAIM FOR THE AMOUNT INVOLVED IS BARRED BY THE ABOVE-QUOTED PROVISIONS OF THE ACT OF OCTOBER 9, 1940, SINCE THE FIRST CLAIM FROM YOU RELATING TO PAYMENT UNDER THE MISSING PERSONS ACT WAS RECEIVED IN OUR OFFICE ON MAY 25, 1959.

ACCORDINGLY, SINCE CONSIDERATION OF YOUR CLAIM IS SPECIFICALLY PROHIBITED BY LAW, NO FURTHER ACTION MAY BE TAKEN AND THE SETTLEMENT OF JUNE 23, 1959, IS SUSTAINED.