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B-99067, JUL. 31, 1957

B-99067 Jul 31, 1957
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FAJARDO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 29. IS THE OFFICIAL CUSTODIAN OF THE PERSONNEL RECORDS OF MEMBERS OF THE ARMY OF THE UNITED STATES. IN RESPONSE TO SUCH INQUIRY THERE WAS FURNISHED A CERTIFIED TRUE COPY OF A 4TH INDORSEMENT DATED MARCH 3. WHEREIN IT WAS STATED THAT "ALL PRE-WAR PHILIPPINE CONSTABULARY RECORDS WERE DESTROYED DURING THE WAR. IT IS INDICATED THAT YOU MAY HAVE PERFORMED PRIOR SERVICE AS AN ENLISTED MAN IN THE PHILIPPINE ARMY. THE DENIAL OF YOUR CLAIM WAS CORRECT AND THE DECISION OF FEBRUARY 16. IS AFFIRMED. RESPECTING YOUR INQUIRY WHETHER OUR OFFICE WILL HONOR SUCH RECORDS AS THE ADJUTANT GENERAL. YOU ARE ADVISED THAT DUE CONSIDERATION WILL BE GIVEN TO ANY SUCH RECORDS OR INFORMATION THAT MAY BE FURNISHED IN SUPPORT OF YOUR CLAIM.

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B-99067, JUL. 31, 1957

TO MR. JACINTO J. FAJARDO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1957, CONCERNING YOUR CLAIM FOR LONGEVITY PAY FOR THE PERIOD FROM AUGUST 6, 1946, TO JANUARY 27, 1948, AS SECOND LIEUTENANT, ARMY OF THE UNITED STATES, BY REASON OF SERVICE IN THE PHILIPPINE CONSTABULARY FROM JUNE 6, 1941, TO JULY 9, 1946.

AS EXPLAINED IN OUR DECISION OF FEBRUARY 16, 1951, B-99067, TO YOU, THE ADJUTANT GENERAL OF THE ARMY, WASHINGTON, D.C., IS THE OFFICIAL CUSTODIAN OF THE PERSONNEL RECORDS OF MEMBERS OF THE ARMY OF THE UNITED STATES, AND OUR OFFICE NECESSARILY MUST RELY UPON SUCH OFFICIAL RECORDS IN THE SETTLEMENT OF CLAIMS OF THIS NATURE AND MAY NOT AUTHORIZE PAYMENT OF A CLAIM BASED ON SERVICE NOT SHOWN BY SUCH OFFICIAL RECORDS. AS ALSO EXPLAINED TO YOU IN THAT DECISION, THE ADJUTANT GENERAL DIRECTED AN INQUIRY TO THE COMMANDING GENERAL, PHILIPPINE COMMAND, RELATIVE TO YOUR SERVICE IN THE PHILIPPINE CONSTABULARY. IN RESPONSE TO SUCH INQUIRY THERE WAS FURNISHED A CERTIFIED TRUE COPY OF A 4TH INDORSEMENT DATED MARCH 3, 1949, DIRECTED TO THE ADJUTANT GENERAL OF THE PHILIPPINE COMMAND FROM THE CHIEF OF THE CONSTABULARY, GENERAL HEADQUARTERS PHILIPPINE CONSTABULARY, CAMP CRAME, QUEZON CITY, WHEREIN IT WAS STATED THAT "ALL PRE-WAR PHILIPPINE CONSTABULARY RECORDS WERE DESTROYED DURING THE WAR; " THAT, THEREFORE, NO OFFICIAL INFORMATION COULD BE FURNISHED REGARDING YOUR ALLEGED SERVICE IN THAT ORGANIZATION. IT IS INDICATED THAT YOU MAY HAVE PERFORMED PRIOR SERVICE AS AN ENLISTED MAN IN THE PHILIPPINE ARMY, BUT SUCH SERVICE MAY NOT BE CREDITED FOR LONGEVITY PAY AS AN OFFICER IN THE ARMY OF THE UNITED STATES. ACCORDINGLY, THE DENIAL OF YOUR CLAIM WAS CORRECT AND THE DECISION OF FEBRUARY 16, 1951, IS AFFIRMED.

RESPECTING YOUR INQUIRY WHETHER OUR OFFICE WILL HONOR SUCH RECORDS AS THE ADJUTANT GENERAL, PHILIPPINE CONSTABULARY, MAY FURNISH REGARDING YOUR SERVICES IN THE PHILIPPINE CONSTABULARY, FIRST SIGNAL PLATOON, BEFORE THE CUT BREAK OF THE WAR UNTIL THE EARLY PART OF THE LIBERATION OF THE PHILIPPINES, YOU ARE ADVISED THAT DUE CONSIDERATION WILL BE GIVEN TO ANY SUCH RECORDS OR INFORMATION THAT MAY BE FURNISHED IN SUPPORT OF YOUR CLAIM.

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