B-166367, APR. 17, 1969

B-166367: Apr 17, 1969

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FRANCISCO ROJAS: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 11. WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY. OUR FILE SHOWS THAT A DETERMINATION OF YOUR FATHER'S STATUS AND PAY RIGHTS WAS MADE BY THE SECRETARY OF THE ARMY UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942. PAYMENT WAS MADE IN DECEMBER 1946. SINCE NO AMOUNT WAS INCLUDED IN THAT SETTLEMENT TO COVER QUARTERS AND SUBSISTENCE ALLOWANCES. YOUR PRESENT LETTER WILL BE VIEWED AS A REQUEST FOR RECONSIDERATION BY THIS OFFICE OF THE ACTION TAKEN AT THAT TIME BY THE DEPARTMENT OF THE ARMY. THE GENERAL ACCOUNTING OFFICE IS WITHOUT JURISDICTION TO CHANGE OR MODIFY AN ADMINISTRATIVE SETTLEMENT MADE BY THE DEPARTMENT OF THE ARMY UNDER THE PROVISIONS OF THAT ACT.

B-166367, APR. 17, 1969

TO MR. FRANCISCO ROJAS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 11, 1968, ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, CONCERNING YOUR CLAIM FOR "EXISTENCE ALLOWANCES" -- PRESUMABLY YOU REFER TO QUARTERS AND SUBSISTENCE ALLOWANCES -- ON BEHALF OF YOUR FATHER, THE LATE FELIPE ROJAS, INCIDENT TO HIS SERVICE IN THE PHILIPPINE SCOUTS DURING WORLD WAR II.

OUR FILE SHOWS THAT A DETERMINATION OF YOUR FATHER'S STATUS AND PAY RIGHTS 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. AS A RESULT OF THAT DETERMINATION, PAYMENT WAS MADE IN DECEMBER 1946, TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS ADMINISTRATOR OF THE ESTATE OF FELIPE ROJAS, DECEASED, IN THE TOTAL AMOUNT OF $1,311.97. SINCE NO AMOUNT WAS INCLUDED IN THAT SETTLEMENT TO COVER QUARTERS AND SUBSISTENCE ALLOWANCES, YOUR PRESENT LETTER WILL BE VIEWED AS A REQUEST FOR RECONSIDERATION BY THIS OFFICE OF THE ACTION TAKEN AT THAT TIME BY THE DEPARTMENT OF THE ARMY.

UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF 1942, THE DEPARTMENT OF THE ARMY HAD AUTHORITY TO CONSIDER AND SETTLE CLAIMS OF THE TYPE HERE INVOLVED. THE GENERAL ACCOUNTING OFFICE IS WITHOUT JURISDICTION TO CHANGE OR MODIFY AN ADMINISTRATIVE SETTLEMENT MADE BY THE DEPARTMENT OF THE ARMY UNDER THE PROVISIONS OF THAT ACT, SINCE SECTION 11 THEREOF MAKES SUCH ADMINISTRATIVE SETTLEMENTS FINAL AND CONCLUSIVE ON THIS OFFICE.

ALSO, IT MAY BE STATED THAT THE MISSING PERSONS ACT DID NOT AUTHORIZE CREDIT FOR ITEMS OF PAY AND ALLOWANCES, IN YOUR FATHER'S CASE QUARTERS AND SUBSISTENCE ALLOWANCES, UNLESS SUCH ALLOWANCES WERE BEING CREDITED TO HIM ON DECEMBER 8, 1941, THE DATE HE ENTERED A STATUS COVERED BY THAT ACT. THE DEPARTMENT OF THE ARMY, IN MAKING SETTLEMENT UNDER THE ACT, APPARENTLY DETERMINED THAT PAYMENT OF SUCH ALLOWANCES WAS NOT AUTHORIZED IN HIS CASE FOR THE PERIOD IMMEDIATELY PRIOR TO DECEMBER 8, 1941. AS A CONSEQUENCE A CREDIT FOR SUCH ALLOWANCES TO HIS ACCOUNT ON AND AFTER THAT DATE WOULD NOT HAVE BEEN PROPER. SECTION 9 OF THE MISSING PERSONS ACT, AS AMENDED, PROVIDES THAT DETERMINATIONS OF THIS TYPE "SHALL BE CONCLUSIVE.'

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