B-128589, AUG. 27, 1956
Highlights
CASCON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 12. YOUR CLAIM WAS DENIED FOR THE REASON THAT IT WAS DETERMINED BY THE DEPARTMENT OF THE ARMY THAT YOU WERE NOT ENTITLED TO ANY BENEFITS UNDER THE MISSING PERSONS ACT. THAT SUCH DETERMINATION IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE. YOUR REQUEST FOR REVIEW APPEARS TO BE PREDICATED UPON THE FACT THAT CERTAIN SIMILAR CLAIMS HAVE BEEN ALLOWED IN THE PAST. YOU ARE ADVISED THAT ANY PAYMENTS WHICH MAY HAVE BEEN MADE BY THE DEPARTMENT OF THE ARMY IN OTHER CASES AFFORD NO GROUNDS FOR ALLOWANCE IN YOUR CASE. YOUR ATTENTION IS INVITED TO SECTIONS 9 AND 11 THEREOF (56 STAT. 145. IS AUTHORIZED TO SETTLE THE ACCOUNTS OF PERSONS FOR WHOSE ACCOUNT PAYMENTS HAVE BEEN MADE PURSUANT TO THE PROVISIONS OF SECTIONS 2 TO 7.
B-128589, AUG. 27, 1956
TO MR. TEODOLO L. CASCON:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 12, 1956, REQUESTING REVIEW OF THE ACTION OF OUR OFFICE WHICH DENIED YOUR CLAIM FOR GRATUITOUS COMPENSATION, AS A FORMER EMPLOYEE OF THE DEPARTMENT OF THE ARMY, UNDER THE PROVISIONS OF THE MISSING PERSONS ACT, PUBLIC LAW 490, 56 STAT. 143, AS AMENDED.
YOUR CLAIM WAS DENIED FOR THE REASON THAT IT WAS DETERMINED BY THE DEPARTMENT OF THE ARMY THAT YOU WERE NOT ENTITLED TO ANY BENEFITS UNDER THE MISSING PERSONS ACT, AND THAT SUCH DETERMINATION IS NOT SUBJECT TO REVIEW OR REVISION BY OUR OFFICE.
YOUR REQUEST FOR REVIEW APPEARS TO BE PREDICATED UPON THE FACT THAT CERTAIN SIMILAR CLAIMS HAVE BEEN ALLOWED IN THE PAST. IN THAT REGARD, YOU ARE ADVISED THAT ANY PAYMENTS WHICH MAY HAVE BEEN MADE BY THE DEPARTMENT OF THE ARMY IN OTHER CASES AFFORD NO GROUNDS FOR ALLOWANCE IN YOUR CASE.
REGARDING CLAIMS UNDER THE MISSING PERSONS ACT, YOUR ATTENTION IS INVITED TO SECTIONS 9 AND 11 THEREOF (56 STAT. 145, 146) WHICH PROVIDE AS FOLLOWS:
"SEC. 9. WITHIN THE SCOPE OF THE AUTHORITY GRANTED BY THIS ACT, THE DETERMINATION BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH PERSON AS HE MAY DESIGNATE, OF THE STATUS OF A PERSON IN THE MILITARY OR NAVAL FORCES, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, THE PUBLIC HEALTH SERVICE, OR CIVILIAN OFFICERS OR EMPLOYEES AS DEFINED IN PARAGRAPH (A) (3) OF SECTION 1 OF THIS ACT, OR HIS DIRECTION RELATIVE TO CONTINUANCE, TEMPORARY SUSPENSION, OR RESUMPTION OF PAYMENT OF PAY AND ALLOWANCES, OR FINDING OF DEATH, SHALL BE CONCLUSIVE.
"SEC. 11. THE HEAD OF THE DEPARTMENT CONCERNED, OR SUCH PERSON AS HE MAY DESIGNATE, IS AUTHORIZED TO SETTLE THE ACCOUNTS OF PERSONS FOR WHOSE ACCOUNT PAYMENTS HAVE BEEN MADE PURSUANT TO THE PROVISIONS OF SECTIONS 2 TO 7, BOTH INCLUSIVE, OF THIS ACT, AND THE ACCOUNTS OF SURVIVORS OF CASUALTIES TO SHIPS, STATIONS AND MILITARY INSTALLATIONS WHICH RESULT IN LOSS OR DESTRUCTION OF DISBURSING RECORDS, AND SUCH SETTLEMENTS SHALL BE CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT IN EFFECTING SETTLEMENTS OF THE ACCOUNTS OF DISBURSING OFFICERS.'
IT IS APPARENT FROM THE ABOVE-QUOTED PROVISIONS THAT "THE DETERMINATION BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH PERSON AS HE MAY DESIGNATE" SHALL BE CONCLUSIVE. ACCORDINGLY, SINCE A DETERMINATION WAS MADE BY THE DEPARTMENT OF THE ARMY THAT NO AMOUNT IS DUE YOU UNDER THE MISSING PERSONS ACT OF MARCH 7, 1942, SUCH ACTION CANNOT BE QUESTIONED BY OUR OFFICE.