B-165442, OCT. 31, 1968

B-165442: Oct 31, 1968

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MARIA DE JESUS VDA DE ANTONIO: REFERENCE IS MADE TO YOUR LETTER DATED JULY 29. YOU WERE ADVISED THAT A DETERMINATION OF YOUR HUSBAND'S ENTITLEMENT TO PAY AND ALLOWANCES WAS MADE BY THE SECRETARY OF WAR (NOW SECRETARY OF THE ARMY) UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942. YOU WERE ADVISED THAT THE DEPARTMENTAL SETTLEMENT IN THE AMOUNT OF $494.01 FOUND DUE DECEDENT WAS TRANSMITTED TO OUR CLAIMS DIVISION AND PAYMENT OF THAT AMOUNT WAS CERTIFIED IN NOVEMBER 1946. YOU WERE FURTHER ADVISED THAT UNDER THE PROVISION OF SECTIONS 9 AND 11 OF THE MISSING PERSONS ACT. THE SETTLEMENT MADE BY THE DEPARTMENT OF THE ARMY OF THE ENTITLEMENT FOUND DUE DECEDENT AT THE TERMINATION OF HIS CASUALTY STATUS WAS CONCLUSIVE ON OUR OFFICE AND.

B-165442, OCT. 31, 1968

TO MRS. MARIA DE JESUS VDA DE ANTONIO:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 29, 1968, CONCERNING YOUR CLAIM FOR QUARTERS AND RATION ALLOWANCES BELIEVED DUE THE ESTATE OF YOUR LATE HUSBAND, MAMERTO ANTONIO, INCIDENT TO HIS SERVICE IN THE PHILIPPINE SCOUTS.

BY LETTER OF OUR CLAIMS DIVISION DATED JUNE 14, 1968, YOU WERE ADVISED THAT A DETERMINATION OF YOUR HUSBAND'S ENTITLEMENT TO PAY AND ALLOWANCES WAS MADE BY THE SECRETARY OF WAR (NOW SECRETARY OF THE ARMY) UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942, AS AMENDED, 50 U.S.C. APP. 1001-1011 (1946 ED.). ALSO, YOU WERE ADVISED THAT THE DEPARTMENTAL SETTLEMENT IN THE AMOUNT OF $494.01 FOUND DUE DECEDENT WAS TRANSMITTED TO OUR CLAIMS DIVISION AND PAYMENT OF THAT AMOUNT WAS CERTIFIED IN NOVEMBER 1946, TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS ADMINISTRATOR OF THE ESTATE OF MAMERTO ANTONIO, DECEASED.

YOU WERE FURTHER ADVISED THAT UNDER THE PROVISION OF SECTIONS 9 AND 11 OF THE MISSING PERSONS ACT, THE SETTLEMENT MADE BY THE DEPARTMENT OF THE ARMY OF THE ENTITLEMENT FOUND DUE DECEDENT AT THE TERMINATION OF HIS CASUALTY STATUS WAS CONCLUSIVE ON OUR OFFICE AND, ACCORDINGLY, THE SETTLEMENT WAS NOT SUBJECT TO REVIEW OR REVISION BY US ON THE BASIS OF ANY CLAIM FOR ADDITIONAL BENEFITS BELIEVED DUE YOUR HUSBAND WHILE HE WAS IN A BELEAGURED AND/OR MISSING-IN-ACTION STATUS.

IN YOUR LETTER OF JULY 29, 1968, YOU ACKNOWLEDGED RECEIPT OF THE $494.01 ARREARS OF PAY DUE YOUR LATE HUSBAND. HOWEVER, YOU URGE THAT YOUR HUSBAND WAS ALSO ENTITLED TO QUARTERS AND RATION ALLOWANCES UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9206, DATED JULY 27, 1942.

SECTION 58 OF TITLE 78, PHILIPPINE ANNOTATED LAWS, PROVIDES THAT MONIES DUE DECEASED PHILIPPINE SCOUTS UNDER THE LAWS OF THE UNITED STATES, ARE ADMINISTERED BY THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES, OR HIS DULY AUTHORIZED REPRESENTATIVE. WHILE, THEREFORE, YOU ARE NOT A PROPER PARTY TO REQUEST RECONSIDERATION OF THE SETTLEMENT ACTION, YOU ARE AGAIN ADVISED THAT UNDER THE PROVISIONS OF SECTIONS 9 AND 11 OF THE MISSING PERSONS ACT, 50 U.S.C. APP. 1009 AND 1011, THE SECRETARY OF THE ARMY WAS AUTHORIZED TO DETERMINE THE AMOUNTS DUE AND TO SETTLE THE ACCOUNTS OF THOSE PERSONS LISTED IN SECTION 2 OF THAT ACT. SUCH DETERMINATIONS AND SETTLEMENTS WERE CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT AND ARE SUBJECT TO REVIEW ONLY BY THE SECRETARY OR HIS DESIGNATED REPRESENTATIVE.

THE DEPARTMENTAL SETTLEMENT OF THE AMOUNT DUE YOUR LATE HUSBAND ON DATE OF RECEIPT OF EVIDENCE OF HIS DEATH, DID NOT INCLUDE CREDIT FOR QUARTERS OR SUBSISTENCE (RATIONS) ALLOWANCE AND, CONSEQUENTLY, THERE WAS NO AUTHORITY OF LAW FOR PAYMENT OF SUCH AMOUNTS. BY LETTER DATED DECEMBER 15, 1967, THE FINANCE CENTER, U.S. ARMY, ADVISED YOU THAT ENTITLEMENT TO QUARTERS AND SUBSISTENCE IN THE CASE OF YOUR HUSBAND DID NOT EXIST.

IN SUCH CIRCUMSTANCES, NOTHING FURTHER IS DUE THE ESTATE OF YOUR HUSBAND AND NO FURTHER PAYMENT CAN BE MADE IN HIS CASE.