B-138913, JUL. 6, 1964

B-138913: Jul 6, 1964

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WE INFORMED YOU THAT YOU WERE NOT ENTITLED TO THE ADDITIONAL COMPENSATION ON THE BASIS OF THE RECORD BEFORE US. WE POINT OUT THAT IN ANY CASE WHERE THERE IS A CONFLICT BETWEEN THE FACTS AS PRESENTED BY THE CLAIMANT AND THOSE REPORTED BY THE GOVERNMENT AGENCY CONCERNED WE MUST ACCEPT THE AGENCY REPORT AS CORRECT UNLESS THE CLAIMANT PRESENTS EVIDENCE CLEARLY SHOWING SUCH REPORT TO BE IN ERROR. THE AMERICAN BATTLE MONUMENTS COMMISSION HAS REPORTED THAT THEY WERE NOT AWARE THAT YOU WERE AN AMERICAN CITIZEN AT THE TIME YOU WERE EMPLOYED. YOU HAVE SUBMITTED EMPLOYMENT QUESTIONNAIRES SIGNED BY THREE OTHER EMPLOYEES WHO HAVE MADE CLAIMS SIMILAR TO YOURS TO SHOW THAT THE COMMISSION WAS AWARE OF YOUR AMERICAN CITIZENSHIP WHEN YOU WERE APPOINTED.

B-138913, JUL. 6, 1964

TO MR. MANUEL ARNEDO:

WE REFER TO THE LETTER OF JUNE 11, 1964, SIGNED BY YOU (AND THREE OTHER CLAIMANTS) CONCERNING OUR ACTION IN DENYING ADDITIONAL COMPENSATION TO YOU FOR THE PERIOD PRIOR TO MARCH 1959 AS AN EMPLOYEE OF THE AMERICAN BATTLE MONUMENTS COMMISSION, MANILA, PHILIPPINES.

AS A RESULT OF YOUR LETTER OF MARCH 24, 1964, WE COMPLETELY REVIEWED YOUR CLAIM AND BY LETTER OF MAY 25, 1964, WE INFORMED YOU THAT YOU WERE NOT ENTITLED TO THE ADDITIONAL COMPENSATION ON THE BASIS OF THE RECORD BEFORE US.

WE POINT OUT THAT IN ANY CASE WHERE THERE IS A CONFLICT BETWEEN THE FACTS AS PRESENTED BY THE CLAIMANT AND THOSE REPORTED BY THE GOVERNMENT AGENCY CONCERNED WE MUST ACCEPT THE AGENCY REPORT AS CORRECT UNLESS THE CLAIMANT PRESENTS EVIDENCE CLEARLY SHOWING SUCH REPORT TO BE IN ERROR. THE AMERICAN BATTLE MONUMENTS COMMISSION HAS REPORTED THAT THEY WERE NOT AWARE THAT YOU WERE AN AMERICAN CITIZEN AT THE TIME YOU WERE EMPLOYED. YOU CONTEND OTHERWISE. YOU HAVE SUBMITTED EMPLOYMENT QUESTIONNAIRES SIGNED BY THREE OTHER EMPLOYEES WHO HAVE MADE CLAIMS SIMILAR TO YOURS TO SHOW THAT THE COMMISSION WAS AWARE OF YOUR AMERICAN CITIZENSHIP WHEN YOU WERE APPOINTED. THOSE DOCUMENTS WERE EXECUTED SOME YEARS AFTER YOU WERE EMPLOYED AND ALSO AFTER THE DATE YOU BEGAN TO RECEIVE COMPENSATION AS AN AMERICAN CITIZEN. AS PREVIOUSLY INFORMED, SUCH DOCUMENTS MAY NOT BE REGARDED AS ANY INDICATION THAT THE AMERICAN BATTLE MONUMENTS COMMISSION WAS AWARE OF YOUR AMERICAN CITIZENSHIP AT THE TIME OF YOUR ORIGINAL EMPLOYMENT.

SINCE YOU HAVE PRESENTED NO NEW EVIDENCE IN SUPPORT OF YOUR CLAIM OUR PREVIOUS ACTION WITH REGARD THERETO MUST BE SUSTAINED.