B-166526, APR. 24, 1969

B-166526: Apr 24, 1969

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LORETA VDA DE PENOSO: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 18. THOSE ALLOWANCES ARE CLAIMED INCIDENT TO HIS SERVICE AS A PHILIPPINE SCOUT DURING WORLD WAR II. IT WAS STATED THAT YOUR HUSBAND WAS NOT FURNISHED QUARTERS AND RATIONS IN KIND FROM "DECEMBER 8. 1941 WHEN HE WAS IN THE BATTLE FIELD FIGHTING FOR CAUSE UNTIL HE WAS KILLED AT THE CONCENTRATION CAMP. THE CLAIM WAS ALLOWED BY THIS OFFICE IN THE AGGREGATE AMOUNT OF $974.66 BY SETTLEMENTS DATED DECEMBER 27. IT IS ASSUMED THAT DISTRIBUTION OF THE AMOUNT PAID TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY HAS BEEN MADE TO THE PERSON OR PERSONS ENTITLED THERETO. THE GENERAL ACCOUNTING OFFICE IS NOT AUTHORIZED TO CHANGE OR MODIFY AN ADMINISTRATIVE SETTLEMENT MADE UNDER THE MISSING PERSONS ACT BY THE DEPARTMENT OF THE ARMY BECAUSE THAT ACT MAKES SUCH SETTLEMENTS FINAL AND CONCLUSIVE ON THIS OFFICE.

B-166526, APR. 24, 1969

TO MRS. LORETA VDA DE PENOSO:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 18, 1968, CONCERNING YOUR CLAIM FOR RATIONS AND QUARTERS ALLOWANCES ON BEHALF OF YOUR HUSBAND, FRANCISCO PENOSO. THOSE ALLOWANCES ARE CLAIMED INCIDENT TO HIS SERVICE AS A PHILIPPINE SCOUT DURING WORLD WAR II.

IN A LETTER DATED DECEMBER 19, 1967, FROM THE COMMANDER, DISABLED AMERICAN VETERANS, MAKATI, RIZAL, PHILIPPINES, IT WAS STATED THAT YOUR HUSBAND WAS NOT FURNISHED QUARTERS AND RATIONS IN KIND FROM "DECEMBER 8, 1941 WHEN HE WAS IN THE BATTLE FIELD FIGHTING FOR CAUSE UNTIL HE WAS KILLED AT THE CONCENTRATION CAMP, CAPAS, TARLAC, PHILIPPINES ON AUGUST 9, 1942.' ON OCTOBER 30, 1946, THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS ADMINISTRATOR OF THE ESTATE OF FRANCISCO PENOSO, DECEASED, ASSERTED CLAIM FOR THE ARREARS IN PAY AND ALLOWANCES DUE YOUR HUSBAND. ACCORDANCE WITH THE DETERMINATION OF THE WAR DEPARTMENT (NOW DEPARTMENT OF THE ARMY) DATED NOVEMBER 3, 1946, THE CLAIM WAS ALLOWED BY THIS OFFICE IN THE AGGREGATE AMOUNT OF $974.66 BY SETTLEMENTS DATED DECEMBER 27, 1946, AND FEBRUARY 3, 1949, REPRESENTING PAY DUE YOUR HUSBAND AT DATE OF RECEIPT OF EVIDENCE OF DEATH, AUGUST 2, 1945.

UNDER THE MISSING PERSONS ACT OF MARCH 7, 1942, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001, ET SEQ., THE DEPARTMENT OF THE ARMY HAD AUTHORITY TO CONSIDER AND SETTLE CLAIMS OF THE TYPE HERE INVOLVED. IT IS ASSUMED THAT DISTRIBUTION OF THE AMOUNT PAID TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY HAS BEEN MADE TO THE PERSON OR PERSONS ENTITLED THERETO. YOUR PRESENT LETTER APPEARS TO BE A REQUEST FOR A REVIEW OF THE ACTION TAKEN BY THE DEPARTMENT OF THE ARMY.

THE GENERAL ACCOUNTING OFFICE IS NOT AUTHORIZED TO CHANGE OR MODIFY AN ADMINISTRATIVE SETTLEMENT MADE UNDER THE MISSING PERSONS ACT BY THE DEPARTMENT OF THE ARMY BECAUSE THAT ACT MAKES SUCH SETTLEMENTS FINAL AND CONCLUSIVE ON THIS OFFICE. ALSO, IT MAY BE STATED THAT THE MISSING PERSONS ACT DID NOT AUTHORIZE CREDIT IN YOUR HUSBAND'S ACCOUNT FOR 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. IN MAKING SETTLEMENT UNDER THAT ACT THE DEPARTMENT OF THE ARMY APPARENTLY DETERMINED THAT YOUR HUSBAND WAS NOT BEING PAID SUCH ALLOWANCES AT THAT TIME AND THAT AS A CONSEQUENCE A CREDIT OF SUCH ALLOWANCES IN HIS ACCOUNT ON AND AFTER THAT DATE WAS NOT PROPER. SECTION 9 OF THAT ACT, AS AMENDED, PROVIDES THAT "ALL SUCH DETERMINATIONS SHALL BE CONCLUSIVE.'

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