B-138913, MAY 25, 1964

B-138913: May 25, 1964

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REPRESENTING THE DIFFERENCE BETWEEN PAY AT THE RATE FOR UNITED STATES CITIZENS AND PAY AT THE RATE OF NONCITIZENS WHILE YOU WERE EMPLOYED BY THE AMERICAN BATTLE MONUMENTS COMMISSION. YOU WERE ALLOWED ADDITIONAL COMPENSATION FOR THE PERIOD SUBSEQUENT TO MARCH 22. THE AMERICAN BATTLE MONUMENTS COMMISSION REPORTED TO US THAT THE POSITION TO WHICH YOU WERE ORIGINALLY APPOINTED WAS SET UP FOR EMPLOYMENT OF INDIVIDUALS WHO WERE NOT CITIZENS OF THE UNITED STATES WITH COMPENSATION TO BE PAID AT LOCAL WAGE RATES AND THAT YOU ACCEPTED THAT POSITION AS OFFERED AND DID NOT CLAIM CLASSIFICATION ACT COMPENSATION ON THE BASIS OF YOUR UNITED STATES CITIZENSHIP UNTIL SOME YEARS AFTER YOU WERE SO EMPLOYED.

B-138913, MAY 25, 1964

TO MR. MANUEL ARNEDO:

WE REFER TO THE LETTER OF MARCH 24, 1964, SIGNED BY YOU AND 3 OTHER CLAIMANTS WHEREIN YOU REQUEST THAT WE RECONSIDER OUR PRIOR ACTION IN DENYING YOU ADDITIONAL COMPENSATION FOR THE PERIOD PRIOR TO MARCH 23, 1959, REPRESENTING THE DIFFERENCE BETWEEN PAY AT THE RATE FOR UNITED STATES CITIZENS AND PAY AT THE RATE OF NONCITIZENS WHILE YOU WERE EMPLOYED BY THE AMERICAN BATTLE MONUMENTS COMMISSION, IN MANILA, PHILIPPINES. YOU WERE ALLOWED ADDITIONAL COMPENSATION FOR THE PERIOD SUBSEQUENT TO MARCH 22, 1959, BY OUR SETTLEMENT OF APRIL 23, 1963.

THE AMERICAN BATTLE MONUMENTS COMMISSION REPORTED TO US THAT THE POSITION TO WHICH YOU WERE ORIGINALLY APPOINTED WAS SET UP FOR EMPLOYMENT OF INDIVIDUALS WHO WERE NOT CITIZENS OF THE UNITED STATES WITH COMPENSATION TO BE PAID AT LOCAL WAGE RATES AND THAT YOU ACCEPTED THAT POSITION AS OFFERED AND DID NOT CLAIM CLASSIFICATION ACT COMPENSATION ON THE BASIS OF YOUR UNITED STATES CITIZENSHIP UNTIL SOME YEARS AFTER YOU WERE SO EMPLOYED. THE COMMISSION ALSO REPORTED THAT THEY WERE NOT AWARE OF YOUR CITIZENSHIP STATUS UNTIL YOU FILED CLAIM FOR THE ADDITIONAL COMPENSATION IN 1958, AND THAT THEY TERMINATED YOUR APPOINTMENT WHEN THEY DID LEARN OF SUCH STATUS BECAUSE THEY DID NOT HAVE FUNDS TO PAY YOU AT THE HIGHER RATE OF COMPENSATION. YOU WERE LATER REINSTATED AT THE DIRECTION OF THE CIVIL SERVICE COMMISSION.

WE NOTE THAT IN THE LETTER SIGNED BY YOU AND THE OTHER CLAIMANTS 3 COPIES OF EMPLOYMENT FORM QUESTIONNAIRES WERE ENCLOSED PURPORTING TO ESTABLISH THAT THE AMERICAN BATTLE MONUMENTS COMMISSION HAD NOTICE OF THE AMERICAN CITIZENSHIP OF YOURSELF AND THE OTHER EMPLOYEES FROM THE TIME OF YOUR ORIGINAL EMPLOYMENT. THE QUESTIONNAIRES DO NOT INCLUDE ONE SIGNED BY YOU BUT IN ANY EVENT SINCE THEY ARE DATED MAY 1962 THEY WOULD NOT HAVE ANY BEARING ON WHETHER THE AMERICAN BATTLE MONUMENTS COMMISSION HAD KNOWLEDGE OF YOUR AMERICAN CITIZENSHIP AND CONTINUED YOUR EMPLOYMENT IRRESPECTIVE THEREOF FROM THE TIME OF YOUR ORIGINAL EMPLOYMENT IN 1951.

THEREFORE, WHAT WE SAID IN OUR DECISION OF JANUARY 28, 1963, TO YOU, STILL PREVAILS AND YOU ARE NOT ENTITLED TO THE ADDITIONAL COMPENSATION YOU CLAIM.