B-166127, MAR. 27, 1969

B-166127: Mar 27, 1969

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VDA DE PERALTA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 8. THOSE ALLOWANCES ARE CLAIMED INCIDENT TO HIS SERVING IN THE ARMY OF THE UNITED STATES AS A PHILIPPINE SCOUT DURING THE PERIOD DECEMBER 8. THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED APRIL 26. IN WHICH YOU WERE ADVISED THAT A DETERMINATION OF YOUR HUSBAND'S STATUS AND ENTITLEMENT WAS MADE BY THE SECRETARY OF THE ARMY UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942. YOU WERE FURTHER ADVISED THAT ON THE BASIS OF THAT DETERMINATION. PAYMENT WAS CERTIFIED IN NOVEMBER 1946 TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY. THE GENERAL ACCOUNTING OFFICE IS WITHOUT JURISDICTION TO CHANGE OR MODIFY AN ADMINISTRATIVE SETTLEMENT MADE UNDER THE MISSING PERSONS ACT SINCE SECTION 11 OF THAT ACT MAKES SUCH ADMINISTRATIVE SETTLEMENTS FINAL AND CONCLUSIVE ON THIS OFFICE.

B-166127, MAR. 27, 1969

TO MRS. FRANCISCA V. VDA DE PERALTA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 8, 1968, CONCERNING YOUR CLAIM FOR QUARTERS AND RATIONS ALLOWANCES ON BEHALF OF YOUR HUSBAND, THE LATE ROSENDO PERALTA. THOSE ALLOWANCES ARE CLAIMED INCIDENT TO HIS SERVING IN THE ARMY OF THE UNITED STATES AS A PHILIPPINE SCOUT DURING THE PERIOD DECEMBER 8, 1941, TO AUGUST 1945.

THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED APRIL 26, 1968, IN WHICH YOU WERE ADVISED THAT A DETERMINATION OF YOUR HUSBAND'S STATUS AND ENTITLEMENT WAS MADE 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. YOU WERE FURTHER ADVISED THAT ON THE BASIS OF THAT DETERMINATION, PAYMENT WAS CERTIFIED IN NOVEMBER 1946 TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS ADMINISTRATOR OF THE ESTATE OF ROSENDO PERALTA, DECEASED, IN THE TOTAL AMOUNT OF $672.66. YOUR PRESENT LETTER APPEARS TO BE A REQUEST FOR RECONSIDERATION OF THE DETERMINATION MADE AT THAT TIME BY THE DEPARTMENT OF THE ARMY.

UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942, THE DEPARTMENT OF THE ARMY HAS AUTHORITY TO CONSIDER AND SETTLE SUCH CLAIMS. THE GENERAL ACCOUNTING OFFICE IS WITHOUT JURISDICTION TO CHANGE OR MODIFY AN ADMINISTRATIVE SETTLEMENT MADE UNDER THE MISSING PERSONS ACT SINCE SECTION 11 OF THAT ACT MAKES SUCH ADMINISTRATIVE SETTLEMENTS FINAL AND CONCLUSIVE ON THIS OFFICE. HENCE, IF YOUR LETTER IS INTENDED TO BE A REQUEST FOR REVIEW OF THE 1946 SETTLEMENT MADE IN YOUR LATE HUSBAND'S CASE, SUCH REQUEST MUST BE DENIED.

IT MAY BE STATED, HOWEVER, THAT THE MISSING PERSONS ACT DID NOT AUTHORIZE CREDIT FOR ITEMS OF PAY AND ALLOWANCES, IN YOUR HUSBAND'S CASE QUARTERS AND RATIONS ALLOWANCES, UNLESS SUCH ALLOWANCES WERE BEING CREDITED TO HIM ON DECEMBER 8, 1941, THE DATE HE ENTERED A STATUS COVERED BY THE ACT. WHILE YOU CONTEND THAT PAYMENT OF QUARTERS AND RATIONS ALLOWANCES WAS PROPERLY AUTHORIZED IMMEDIATELY PRIOR TO DECEMBER 8, 1941, THE DEPARTMENT OF THE ARMY, IN MAKING SETTLEMENT UNDER THAT ACT APPARENTLY DETERMINED THAT HE WAS NOT BEING PAID SUCH ALLOWANCES AT THAT TIME. AS A CONSEQUENCE A CREDIT FOR SUCH ALLOWANCES IN HIS ACCOUNT ON AND AFTER THAT DATE WAS NOT PROPER. SECTION 9 OF THE MISSING PERSONS ACT, AS AMENDED, PROVIDES THAT ALL DETERMINATIONS OF THIS TYPE ,SHALL BE CONCLUSIVE.'

IN THE CIRCUMSTANCES, NO FURTHER ACTION BY THIS OFFICE IN CONNECTION WITH YOUR CLAIM WOULD BE APPROPRIATE.