B-152845, DEC. 17, 1963

B-152845, DEC. 17, 1963

TO THE SECRETARY OF STATE:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15, 1963, L/FE, TRANSMITTING A COPY OF A NOTE FROM THE EMBASSY OF BELGIUM DATED OCTOBER 25, 1963, CONCERNING THE CLAIM OF ALBERT C. BELHOMME, A BELGIAN CITIZEN, ONE OF A NUMBER OF UNITED STATES ARMY PERSONNEL WHO REFUSED REPATRIATION AFTER THE KOREAN WAR, FOR BACK PAY FOR THE PERIOD BETWEEN HIS DATE OF CAPTURE AND HIS DISHONORABLE DISCHARGE ON JANUARY 23, 1954.

WE HAVE EXAMINED MR. BELHOMME'S CLAIM AND WE HAVE CONCLUDED THAT THE CLAIM IS ONE WHICH IS PROPERLY FOR CONSIDERATION UNDER THE PROVISIONS OF THE MISSING PERSONS ACT, AS AMENDED, 50 U.S.C. APP. 1001 1015. CONSISTENTLY, IN THE CONSIDERATION OF CLAIMS PRESENTED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT WHICH INVOLVE PAY AND ALLOWANCES OF PERSONS UNDER THE PROVISIONS OF THAT ACT, OUR ACTION HAS NECESSARILY BEEN BASED ON DETERMINATIONS OR REDETERMINATIONS BY THE HEAD OF THE DEPARTMENT CONCERNED, OR HIS DESIGNEE, OF STATUS, ENTITLEMENT, AND THE PAY AND ALLOWANCES DUE IN THE ACCOUNT, INCLUDING ALL CREDITS AND CHARGES. INASMUCH AS SUCH ADMINISTRATIVE DETERMINATIONS AND REDETERMINATIONS ARE, UNDER THE LAW, MADE CONCLUSIVE, WE WOULD NOT BE WARRANTED IN AUTHORIZING PAYMENT OF A CLAIM EXCEPT IT BE SUPPORTED IN THE MANNER STIPULATED BY THE TERMS OF THE STATUTE.

SINCE THERE HAS NOT BEEN FURNISHED A STATEMENT OF THE ACCOUNT OF MR. BELHOMME FROM THE DATE HE IS SHOWN AS MISSING IN ACTION, BASED UPON A DETERMINATION OR REDETERMINATION OF ENTITLEMENT BY THE PROPER OFFICIAL, WE ARE RETURNING HIS CLAIM TO THE DEPARTMENT OF THE ARMY FOR FURTHER ..END :