B-125351, FEB. 11, 1957

B-125351: Feb 11, 1957

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EGNACIA VICENTE: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5. THE DEPARTMENT OF THE ARMY REPORTED IN YOUR HUSBAND'S CASE THAT THEY HAVE NO RECORD SHOWING THAT YOUR DECEASED HUSBAND WAS AN EMPLOYEE OF THAT DEPARTMENT DURING THE PERIOD OF WORLD WAR II IN THE PHILIPPINES. THE RULE IN THAT REGARD IS THAT WHERE THERE IS A CONFLICT BETWEEN THE FACTS ALLEGED BY A CLAIMANT AND THE FACTS ADMINISTRATIVELY REPORTED. IT IS INCUMBENT UPON THE CLAIMANT TO ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE THAT HER CLAIM IS DUE AND THAT OFFICIAL RECORDS DO NOT REPRESENT THE FACTS. IT MUST BE CONCLUDED THAT THE ACTION TAKEN BY OUR OFFICE IN DISALLOWING YOUR CLAIM IS CORRECT AND UPON REVIEW MUST BE SUSTAINED.

B-125351, FEB. 11, 1957

TO MRS. EGNACIA VICENTE:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5, 1956, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR COMPENSATION ALLEGED TO BE DUE PATRICIO N. DULAY, YOUR DECEASED HUSBAND, FOR SERVICES RENDERED THE 127TH INFANTRY REGIMENT, 32ND DIVISION, UNITED STATES ARMY, AS A RATION CARRIER IN THE VILLA VERDE TRAIL DURING THE LIBERATION OF THE PHILIPPINE ISLANDS IN 1945.

THE DEPARTMENT OF THE ARMY REPORTED IN YOUR HUSBAND'S CASE THAT THEY HAVE NO RECORD SHOWING THAT YOUR DECEASED HUSBAND WAS AN EMPLOYEE OF THAT DEPARTMENT DURING THE PERIOD OF WORLD WAR II IN THE PHILIPPINES. IN YOUR LETTER YOU REQUEST THAT WE OBTAIN STATEMENTS FROM A CAPT. IDES AND A LT. JUAN DITOS WHO YOU SAY RECRUITED THE SERVICE OF YOUR DECEASED HUSBAND.

ASIDE FROM REMOTE POSSIBILITY THAT WE OR THE DEPARTMENT OF THE ARMY COULD NOT LOCATE THE OFFICERS NAMED WE SHOULD LIKE TO POINT OUT THAT ANY STATEMENT MADE BY THEM SOME 12 YEARS AFTER THE ACTUAL HAPPENING OF THE EVENT, PREDICATED SOLELY UPON RECOLLECTION CANNOT BE ACCEPTED BY OUR OFFICE AS SUFFICIENT EVIDENCE TO REFUTE THE EVIDENCE AS SHOWN IN THE OFFICIAL RECORDS.

THE RULE IN THAT REGARD IS THAT WHERE THERE IS A CONFLICT BETWEEN THE FACTS ALLEGED BY A CLAIMANT AND THE FACTS ADMINISTRATIVELY REPORTED, IT IS INCUMBENT UPON THE CLAIMANT TO ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE THAT HER CLAIM IS DUE AND THAT OFFICIAL RECORDS DO NOT REPRESENT THE FACTS. WE DO NOT FEEL THAT THE STATEMENT OF THE TWO OFFICERS, IF OBTAINED, WOULD ADEQUATELY ACCOMPLISH THAT PURPOSE.

ACCORDINGLY, IT MUST BE CONCLUDED THAT THE ACTION TAKEN BY OUR OFFICE IN DISALLOWING YOUR CLAIM IS CORRECT AND UPON REVIEW MUST BE SUSTAINED.

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