B-163261, FEB. 6, 1968

B-163261, FEB. 6, 1968

ARMED SERVICES - MUSTERING OUT PAY - PHILIPPINE SCOUT DECISION TO CLAIMANT DENYING CLAIM FOR MUSTERING OUT PAY INCIDENT TO TERMINATION OF SERVICE AS A GUERILLA IN MARCH 1945. SINCE SERVICE WAS PERFORMED AS GUERILLA AND NOT AS MEMBER OF SERVICE NAMED IN MUSTERING-OUT-PAYMENT ACT OF 1944, NO RIGHT ACCRUED. CLAIMANT IS REFERRED TO PHILIPPINE GOVERNMENT IN CASE HE HAS CLAIM UNDER PHILIPPINE CLAIMS AGREEMENT.

TO MR. GREGORIO E. RABILLO:

REFERENCE IS MADE TO YOUR LETTER ADDRESSED TO THE UNITED STATES ARMY FINANCE CENTER, DATED AUGUST 4, 1967, WHICH WAS FORWARDED TO THIS OFFICE FOR REPLY, WHEREIN YOU CLAIM ENTITLEMENT TO MUSTERING-OUT PAY INCIDENT TO THE TERMINATION OF YOUR SERVICE AS A GUERILLA, USAFFE, IN MARCH 1945.

YOU REFER TO THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AND CERTAIN REGULATIONS UNDER WHICH, YOU BELIEVE, USAFFE GUERILLAS WERE ENTITLED TO RECEIVE MUSTERING-OUT PAY FOR WORLD WAR II SERVICE. YOU ALSO CONTEND THAT SECTION 14 OF THE ACT OF OCTOBER 8 (6), 1945, CH. 393, 59 STAT. 543, HAS SOME BEARING ON YOUR CLAIM.

HOWEVER, FROM THE INFORMATION YOU HAVE PROVIDED THIS OFFICE IT WOULD APPEAR THAT NONE OF THE LAWS AND REGULATIONS CITED BY YOU ARE FOR APPLICATION IN YOUR CASE.

THE MUSTERING-OUT PAYMENT ACT OF 1944 MAKES NO SPECIFIC REFERENCE TO GUERILLA SERVICE PERFORMED DURING WORLD WAR II. THAT ACT AUTHORIZED THE PAYMENT OF MUSTERING-OUT PAY TO MEMBERS OF THE ARMED FORCES WHO ENGAGED IN ACTIVE SERVICE FOR VARIOUS PERIODS OF TIME DURING WORLD WAR II. SECTION 6 (A) OF THAT ACT DEFINED THE TERM "MEMBER OF THE ARMED FORCES" TO MEAN --

"* * * ANY MEMBER OF THE ARMY OR NAVY OF THE UNITED STATES, THE UNITED STATES MARINE CORPS, THE UNITED STATES COAST GUARD OR ANY OF THEIR RESPECTIVE COMPONENTS * * *.'

SINCE THE MILITARY SERVICE YOU PERFORMED WAS THAT OF A GUERILLA, SUCH SERVICE WAS NOT ACCOMPLISHED AS A MEMBER OF ONE OF THE ARMED FORCES NAMED IN THAT ACT. HENCE NO RIGHT TO MUSTERING-OUT PAY ACCRUED TO YOU UNDER THAT ACT. SECTION 14 OF THE ACT OF OCTOBER 6, 1945, DOES NOT IN ANY WAY REFER TO THE PAYMENT OF MUSTERING-OUT PAY. IT RELATES ONLY TO THE AUTHORIZATION BY WHICH A CERTAIN NUMBER OF PERSONS WERE ENLISTED INTO THE PHILIPPINE SCOUTS ON OR AFTER OCTOBER 6, 1945.

WE ARE NOT AWARE OF ANY AUTHORITY ENTITLING YOU TO RECEIVE MUSTERING-OUT PAY DIRECTLY FROM THE UNITED STATES GOVERNMENT FOR GUERILLA SERVICE DURING WORLD WAR II. HOWEVER, THERE IS AN AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES ENTITLED "SETTLEMENT OF VETERANS CLAIMS" WHICH BECAME EFFECTIVE ON JUNE 29, 1967. THAT AGREEMENT PROVIDES FOR THE PAYMENT OF FUNDS BY THE UNITED STATES TO THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES IN FULL SETTLEMENT OF VARIOUS CLAIMS ARISING FROM MILITARY SERVICE BY MEMBERS OF THE PHILIPPINE ARMY AND GUERILLAS DURING WORLD WAR II WHO HAVE NOT BEEN PREVIOUSLY PAID AND WHOSE NAMES APPEAR ON THE UNITED STATES APPROVED REVISED FINAL ROSTER OF GUERILLA FORCES OF MARCH 1948. SHOULD YOU HAVE A VALID CLAIM FOR PAYMENT OUT OF THE ABOVE-MENTIONED FUNDS, SUCH CLAIM SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT.