B-165873, FEB. 4, 1969

B-165873: Feb 4, 1969

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MORO MUSA: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 29. YOUR CLAIM WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED OCTOBER 22. IN WHICH YOU WERE ADVISED THAT A CLAIM FOR THESE ITEMS COULD NOT BE CONSIDERED BY OUR OFFICE BECAUSE ANY ENTITLEMENT TO PAY AND ALLOWANCES YOU MAY HAVE HAD DURING THE PERIOD IN QUESTION WOULD BE A MATTER FOR DETERMINATION AND SETTLEMENT BY THE SECRETARY OF THE ARMY UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942. IT WAS FURTHER STATED IN THAT LETTER THAT IT APPEARED NO AMOUNT FOR QUARTERS AND SUBSISTENCE (RATIONS) COULD HAVE ACCRUED TO YOU BY VIRTUE OF EXECUTIVE ORDER NO. 9206. SINCE SUCH ALLOWANCES WERE PAYABLE TO ENLISTED MEN ONLY IN SITUATIONS "WHERE QUARTERS AND RATIONS IN KIND ARE NOT FURNISHED.'.

B-165873, FEB. 4, 1969

TO MR. MORO MUSA:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 29, 1968, CONCERNING YOUR CLAIM FOR QUARTERS AND RATION ALLOWANCES BELIEVED DUE UNDER EXECUTIVE ORDER NO. 9206, DATED JULY 27, 1942, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY FOR THE PERIOD DECEMBER 8, 1941, TO MAY 31, 1945.

YOUR CLAIM WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED OCTOBER 22, 1968, IN WHICH YOU WERE ADVISED THAT A CLAIM FOR THESE ITEMS COULD NOT BE CONSIDERED BY OUR OFFICE BECAUSE ANY ENTITLEMENT TO PAY AND ALLOWANCES YOU MAY HAVE HAD DURING THE PERIOD IN QUESTION WOULD BE A MATTER FOR DETERMINATION AND SETTLEMENT BY THE SECRETARY OF THE ARMY UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001 ET SEQ.

IT WAS FURTHER STATED IN THAT LETTER THAT IT APPEARED NO AMOUNT FOR QUARTERS AND SUBSISTENCE (RATIONS) COULD HAVE ACCRUED TO YOU BY VIRTUE OF EXECUTIVE ORDER NO. 9206, SINCE SUCH ALLOWANCES WERE PAYABLE TO ENLISTED MEN ONLY IN SITUATIONS "WHERE QUARTERS AND RATIONS IN KIND ARE NOT FURNISHED.' UNDER THE LONG ESTABLISHED RULE IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PAYMENT OF SUCH ALLOWANCES WAS AUTHORIZED ONLY PURSUANT TO CONTEMPORANEOUSLY ISSUED ORDERS DIRECTING SUCH PAYMENT. SUCH ORDERS, TO BE EFFECTIVE, MUST HAVE BEEN ISSUED AT OR NEAR THE BEGINNING OF THE PERIOD INVOLVED. THERE IS NOTHING IN THE RECORD WHICH SHOWS THAT YOU WERE EVER GIVEN SUCH AN ORDER. CONSEQUENTLY, IN THE ABSENCE OF SUCH ORDERS, IT MUST BE ASSUMED THAT YOU WERE BEING FURNISHED RATIONS AND QUARTERS TO THE EXTENT THAT THE THEN WARTIME CONDITIONS PERMITTED.

YOUR LETTER OF NOVEMBER 29, 1968, CONTAINS NOTHING THAT WOULD IN ANY WAY WARRANT MODIFICATION OF THE EARLIER ACTION TAKEN IN YOUR CASE. ACCORDINGLY, THAT ACTION IS SUSTAINED.