B-156437, APR. 8, 1969

B-156437, APR. 8, 1969

TO MR. BERNARDO V. VILLAS:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 4, 1969, CONCERNING YOUR CLAIM FOR PAYMENTS FOR YOUR CIVILIAN SERVICES RENDERED DURING WORLD WAR II AS A RECOGNIZED GUERRILLA IN THE PHILIPPINE ISLANDS. THERE HAVE ALSO BEEN REFERRED TO THIS OFFICE FOR CONSIDERATION YOUR LETTER DATED MARCH 4, 1969, ADDRESSED TO THE U.S. BUREAU OF EMPLOYEES' COMPENSATION CONCERNING THE SAME SUBJECT MATTER AND YOUR LETTER DATED NOVEMBER 4, 1968, ADDRESSED TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, RELATING TO EQUALIZATION OF BASE PAY AND MUSTERING-OUT PAY.

OUR RECORDS SHOW THAT PREVIOUS CLAIMS PRESENTED BY YOU ON YOUR OWN BEHALF AND AS A MEMBER OF THE "SANDOGO COMMITTEE" ON BEHALF OF 1,674 CLAIMANTS OF SOUTH NEGROS ORIENTAL, PHILIPPINES, WERE REFERRED TO THE FOREIGN CLAIMS SETTLEMENT COMMISSION ON MAY 27, 1966. ALSO, BY LETTER DATED FEBRUARY 8, 1968, OUR CLAIMS DIVISION ADVISED YOU THAT IN THE EVENT YOU HAVE A VALID CLAIM AS A RECOGNIZED GUERRILLA, NOT PREVIOUSLY PAID, WHOSE NAME APPEARS ON THE UNITED STATES APPROVED REVISED FINAL ROSTER OF GUERRILLA FORCES OF MARCH 1948 FOR PAYMENT FROM FUNDS PROVIDED BY THE UNITED STATES GOVERNMENT TO THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES, SUCH CLAIM SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT FOR CONSIDERATION.

PAY AND ALLOWANCES AUTHORIZED FOR MEMBERS OF THE ORGANIZED MILITARY FORCES OF THE COMMONWEALTH OF THE PHILIPPINES, WHO SERVED IN WORLD WAR II, WERE NOT PAID BY THE UNITED STATES DIRECTLY TO THE INDIVIDUALS INVOLVED, BUT FUNDS FOR SUCH PAYMENTS WERE TRANSFERRED TO THE PHILIPPINE GOVERNMENT. ALSO, PURSUANT TO THE AGREEMENT BY THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES ENTITLED ,SETTLEMENT OF VETERANS CLAIMS" WHICH BECAME EFFECTIVE ON JUNE 29, 1967, THE UNITED STATES AGREED TO PAY FUNDS TO THE PHILIPPINE GOVERNMENT IN FULL AND FINAL SETTLEMENT OF VARIOUS CLAIMS FOR BACK PAY AND ALLOWANCES ARISING FROM MILITARY SERVICE BY MEMBERS OF THE PHILIPPINE ARMED FORCES AND RECOGNIZED PHILIPPINE GUERRILLAS DURING WORLD WAR II. SECTIONS 3 AND 4 OF THE AGREEMENT PROVIDED THAT INDIVIDUAL PAYMENTS SHALL BE MADE BY THE PHILIPPINE GOVERNMENT TO ALL RECOGNIZED GUERRILLAS NOT PREVIOUSLY PAID IN FULL AND WHOSE NAMES APPEAR ON THE UNITED STATES APPROVED REVISED FINAL ROSTER OF MARCH 1948.

IF YOU HAVE A VALID CLAIM FOR PAYMENT OUT OF THE FUNDS PAID UNDER THE ABOVE-MENTIONED AGREEMENT, SUCH CLAIM SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT. WE KNOW OF NO OTHER AUTHORITY FOR PAYMENT OF YOUR CLAIM.

CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY, YOU ARE ADVISED THAT THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AUTHORIZED THE PAYMENT OF SUCH PAY ONLY TO MEMBERS OF THE ARMY, NAVY, MARINE CORPS AND COAST GUARD OF THE UNITED STATES OR ANY OF THEIR COMPONENTS. YOU HAVE FURNISHED NO INFORMATION WHICH SHOWS THAT YOU EVER WERE A MEMBER OF ONE OF THOSE ORGANIZATIONS. EVEN IF YOU HAD A VALID CLAIM IT COULD NOT BE PAID AT THIS LATE DATE, SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A,"FOREVER" BARS CLAIMS OF THIS TYPE WHICH ARE NOT RECEIVED IN OUR OFFICE "WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.'

ACCORDINGLY, YOU ARE AGAIN ADVISED THAT THERE IS NO ACTION WE LEGALLY MAY TAKE IN THE MATTER.

WITH RESPECT TO YOUR REQUEST FOR THE RETURN OF YOUR "JOINT AFFIDAVIT, MY SELF-AFFIDAVIT, AND MY CHRONOLOGICAL HISTORY OF MY GUERRILLA SERVICES," YOU ARE INFORMED THAT NONE OF THESE PAPERS ARE AMONG THE DOCUMENTS NOW ON FILE IN THIS OFFICE.