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B-159997, NOV. 17, 1966

B-159997 Nov 17, 1966
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PALABRICA: REFERENCE IS MADE TO YOUR LETTER POST MARKED OCTOBER 18. WAS IMPROPER AND UNDULY RESTRICTIVE AS WORLD WAR I DID NOT TERMINATE OFFICIALLY UNTIL THE CONCLUSION OF THE PEACE TREATY WITH GERMANY SOMETIME AFTER THE LATTER DATE. OUR INTERPRETATION OF THAT PHRASE WAS BASED ON LANGUAGE CONTAINED IN SECTION 1406 OF THE ACT OF FEBRUARY 24. AS FOLLOWS: "THAT ALL PERSONS SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES DURING THE PRESENT WAR WHO HAVE.

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B-159997, NOV. 17, 1966

TO MR. MELECIO P. PALABRICA:

REFERENCE IS MADE TO YOUR LETTER POST MARKED OCTOBER 18, 1966, IN EFFECT REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR $60 DISCHARGE BONUS PAYMENT BELIEVED DUE YOU INCIDENT TO YOUR DISCHARGE FROM ARMY SERVICE ON DECEMBER 19, 1918.

YOU CONTEND THAT OUR INTERPRETATION OF THE PHRASE "DURING THE PRESENT WAR," TO MEAN FROM APRIL 6, 1917, TO NOVEMBER 11, 1918, WAS IMPROPER AND UNDULY RESTRICTIVE AS WORLD WAR I DID NOT TERMINATE OFFICIALLY UNTIL THE CONCLUSION OF THE PEACE TREATY WITH GERMANY SOMETIME AFTER THE LATTER DATE.

OUR INTERPRETATION OF THAT PHRASE WAS BASED ON LANGUAGE CONTAINED IN SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, CH. 18, 40 STAT. 1151, AS FOLLOWS:

"THAT ALL PERSONS SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES DURING THE PRESENT WAR WHO HAVE, SINCE APRIL 6, 1917, * * * BEEN DISCHARGED UNDER HONORABLE CONDITIONS * * * SHALL BE PAID,* * *, $60 EACH.

"THIS AMOUNT SHALL NOT BE PAID * * * TO ANY PERSON WHO THOUGH * * * INDUCTED INTO THE MILITARY OR NAVAL FORCES ON OR PRIOR TO NOVEMBER 11, 1918, HAD NOT REPORTED FOR DUTY AT HIS STATION ON OR PRIOR TO SUCH DATE; *

THE FOREGOING STATUTORY PROVISIONS EVIDENCE AN INTENT TO BAR PAYMENT OF THE $60 BONUS TO ANY PERSON WHO REPORTED FOR MILITARY DUTY AFTER NOVEMBER 11, 1918. SINCE OUR RECORDS SHOW THAT YOU DID NOT BEGIN YOUR ARMY SERVICE UNTIL NOVEMBER 20, 1918, NO RIGHT TO THIS WAR SERVICE PAYMENT ACCRUED TO YOU.

YOUR LETTER DOES NOT PRESENT ANY MATTER NOT PREVIOUSLY CONSIDERED BY THIS OFFICE AND ACCORDINGLY, WE MUST ADHERE TO THE ACTION TAKEN IN OUR DECISION OF SEPTEMBER 19, 1966.

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