B-164245, JUN. 27, 1968

B-164245: Jun 27, 1968

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SANTIAGO MOSQUEDA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 10. WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY. THIS MATTER WAS THE SUBJECT OF LETTERS DATED MARCH 3. IN WHICH YOU WERE ADVISED THAT THE MISSING PERSONS ACT OF 1942. WAS APPLICABLE TO YOUR SITUATION AND THAT AN ARMY DETERMINATION OF MILITARY STATUS AND A RIGHT TO PAY AND ALLOWANCES MADE PURSUANT TO THAT ACT IS FINAL AND CONCLUSIVE AND IS NOT SUBJECT TO REVIEW BY THIS OFFICE. IT APPEARS THAT AFTER HAVING BEEN RETIRED IN 1935 YOU WERE RECALLED TO ACTIVE DUTY AS A PHILIPPINE SCOUT ON DECEMBER 22. WERE RETURNED TO A RETIRED STATUS ON APRIL 30. DURING THIS PERIOD IT IS INDICATED THAT YOU WERE CAPTURED AT BATAAN IN MAY 1942 AND RELEASED ON PAROLE ON OR ABOUT SEPTEMBER 1.

B-164245, JUN. 27, 1968

TO MR. SANTIAGO MOSQUEDA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 10, 1968, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR QUARTERS AND RATION ALLOWANCES BELIEVED DUE INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT DURING WORLD WAR II.

THIS MATTER WAS THE SUBJECT OF LETTERS DATED MARCH 3, 1965, AND AUGUST 11, 1967, FROM OUR CLAIMS DIVISION, IN WHICH YOU WERE ADVISED THAT THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED BY THE ACT OF AUGUST 29, 1957, PUBLIC LAW 85-217, 50 U.S.C. APP. 1001 (1958 ED.), WAS APPLICABLE TO YOUR SITUATION AND THAT AN ARMY DETERMINATION OF MILITARY STATUS AND A RIGHT TO PAY AND ALLOWANCES MADE PURSUANT TO THAT ACT IS FINAL AND CONCLUSIVE AND IS NOT SUBJECT TO REVIEW BY THIS OFFICE.

IT APPEARS THAT AFTER HAVING BEEN RETIRED IN 1935 YOU WERE RECALLED TO ACTIVE DUTY AS A PHILIPPINE SCOUT ON DECEMBER 22, 1941, AND WERE RETURNED TO A RETIRED STATUS ON APRIL 30, 1945. DURING THIS PERIOD IT IS INDICATED THAT YOU WERE CAPTURED AT BATAAN IN MAY 1942 AND RELEASED ON PAROLE ON OR ABOUT SEPTEMBER 1, 1942, AFTER WHICH YOU APPARENTLY PERFORMED GUERILLA SERVICE UNTIL YOU RETURNED TO MILITARY CONTROL ON FEBRUARY 15, 1945.

YOU HAD BEEN IN A BELEAGUERED AND CAPTURED STATUS DURING A PART OF WORLD WAR II AND, IN ORDER FOR YOU TO BECOME ENTITLED TO THE PAY AND ALLOWANCES AS AUTHORIZED UNDER THE MISSING PERSONS ACT FOR THAT PERIOD, IT WAS NECESSARY THAT THE WAR DEPARTMENT, NOW THE DEPARTMENT OF THE ARMY, MAKE AN OFFICIAL DETERMINATION OF YOUR STATUS UNDER THAT ACT. SECTION 9 OF THAT ACT PROVIDED THAT THE SECRETARY OF THE SERVICE CONCERNED, OR SUCH PERSON AS HE MAY DESIGNATE, WAS AUTHORIZED TO DETERMINE THE AMOUNTS DUE UNDER THAT ACT AND THAT SUCH FINDINGS WERE "CONCLUSIVE.'

OFFICIAL RECORDS SHOW THAT ON APRIL 27, 1946, SETTLEMENT IN THE AMOUNT OF 65 PESOS AND 42 CENTAVOS WAS ISSUED IN YOUR FAVOR BY THE UNITED STATES ARMY FINANCE CENTER FOR THE PERIOD DECEMBER 22, 1941, THROUGH AUGUST 31, 1942, WHICH INCLUDED ALL PAY AND ALLOWANCES TO WHICH YOU WERE ENTITLED. IT IS FURTHER SHOWN THAT NO AMOUNT WAS ALLOWED FOR THE PERIOD SEPTEMBER 1, 1942, TO FEBRUARY 14, 1945, AS THE FINAL DETERMINATION OF YOUR STATUS, MADE ON JANUARY 7, 1946, BY THE WAR DEPARTMENT, THROUGH THE COMMANDING GENERAL, UNITED STATES ARMY FORCES, WESTERN PACIFIC, STATED THAT YOU WERE NOT DEEMED TO BE IN A CASUALTY STATUS DURING THAT PERIOD AND HENCE WERE NOT ENTITLED TO PAY AND ALLOWANCES UNDER THE MISSING PERSONS ACT DURING THAT PERIOD. WHILE PUBLIC LAW 85-217 PERMITTED A REDETERMINATION BY AN APPROPRIATE DEPARTMENT OF THE ARMY OFFICIAL IF YOUR CLAIM FOR PAY AND ALLOWANCES HAD BEEN DENIED SOLELY ON THE GROUND THAT YOU "WERE PAROLED AND PERMITTED TO RETURN TO HIS (YOUR) HOME AND ENGAGE IN CIVILIAN PURSUITS PRIOR TO THE TERMINATION OF THE JAPANESE OCCUPATION," THERE HAS BEEN NO CHANGE IN THE OFFICIAL ARMY DETERMINATION THAT YOU WERE NOT IN A CASUALTY STATUS DURING THE PERIOD OF YOUR CLAIM.

SINCE A DETERMINATION OF YOUR STATUS HAD BEEN MADE UNDER THE PROVISIONS OF THE MISSING PERSONS ACT, THIS OFFICE HAS NO AUTHORITY TO MAKE FURTHER DETERMINATIONS IN THE MATTER AND WE TRUST, THEREFORE, THAT YOU WILL UNDERSTAND WHY WE ARE WITHOUT AUTHORITY TO CONSIDER YOUR CLAIM FURTHER.