B-154242, JUN. 30, 1964
Highlights
SERAPION: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 4. IT APPEARS THAT YOUR HUSBAND'S ENLISTMENT IN THE PHILIPPINE SCOUTS WAS EFFECTED UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6. HAVE SERVED NO PART THEREOF OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN SKA.'. WAS ENTITLED TO A MUSTERING-OUT PAYMENT OF 200 PHILIPPINE PESOS. SINCE IT IS ADMITTED THAT YOUR HUSBAND RECEIVED THE SUM OF $100 (THE EQUIVALENT OF 200 PHILIPPINE PESOS) AS MUSTERING-OUT PAY. IT APPEARS THAT HE RECEIVED THE FULL AMOUNT TO WHICH HE WAS ENTITLED UNDER THE LAWS MENTIONED ABOVE.
B-154242, JUN. 30, 1964
TO MRS. CONCEPTION N. SERAPION:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 4, 1964, AND THE ACCOMPANYING ENCLOSURE, CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING OUT PAY WHICH YOU BELIEVE TO BE DUE IN THE CASE OF YOUR LATE HUSBAND, PEDRO SERAPION, INCIDENT TO HIS MILITARY SERVICE AS A PHILIPPINE SCOUT.
IT APPEARS THAT YOUR HUSBAND'S ENLISTMENT IN THE PHILIPPINE SCOUTS WAS EFFECTED UNDER THE PROVISIONS OF SECTION 14 OF THE ACT OF OCTOBER 6, 1945, CH. 393, 59 STAT. 538, 543, WHICH AUTHORIZED THE SECRETARY OF WAR, WITH THE APPROVAL OF THE PHILIPPINE GOVERNMENT, TO ENLIST FIFTY THOUSAND MEN IN THE PHILIPPINE SCOUTS "FOR SERVICE IN THE PHILIPPINE ISLANDS" AND ELSEWHERE IN THE FAR EAST. ALTHOUGH TITLE II OF THE ACT OF MAY 27, 1946, CH. 271, 60 STAT. 223, PROVIDED THAT THE BENEFITS PROVIDED IN THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, SHOULD BE DEEMED TO APPLY TO PERSONS FOR SERVICE IN THE PHILIPPINE SCOUTS UNDER SECTION 14 OF THE 1945 ACT, IT FURTHER PROVIDED (1) THAT FOR THE PURPOSE OF COMPUTING SUCH PAYMENTS FOR SERVICE IN THE PHILIPPINE SCOUTS, SERVICE WHOLLY PERFORMED IN THE PHILIPPINE ISLANDS SHOULD BE COMPENSATED FOR ON THE SAME BASIS AS SERVICE WHOLLY PERFORMED WITHIN THE UNITED STATES AND (2) THAT MUSTERING-OUT PAYMENTS MADE ON ACCOUNT OF SUCH SERVICE IN THE PHILIPPINE SCOUTS SHOULD BE PAID AT THE RATE OF ONE PHILIPPINE PESO FOR EACH DOLLAR AUTHORIZED BY THE 1944 ACT. SECTION 2 (A) (2) OF THE 1944 ACT AUTHORIZED THE PAYMENT OF "$200 FOR PERSONS WHO, HAVING PERFORMED ACTIVE SERVICE FOR SIXTY DAYS OR MORE, HAVE SERVED NO PART THEREOF OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN SKA.' UNDER SUCH STATUTORY PROVISIONS, A MEMBER OF THE PHILIPPINE SCOUTS WHO HAD PERFORMED ACTIVE SERVICE FOR 60 DAYS OR MORE, WHOLLY WITHIN THE PHILIPPINE ISLANDS, WAS ENTITLED TO A MUSTERING-OUT PAYMENT OF 200 PHILIPPINE PESOS.
SINCE IT IS ADMITTED THAT YOUR HUSBAND RECEIVED THE SUM OF $100 (THE EQUIVALENT OF 200 PHILIPPINE PESOS) AS MUSTERING-OUT PAY, IT APPEARS THAT HE RECEIVED THE FULL AMOUNT TO WHICH HE WAS ENTITLED UNDER THE LAWS MENTIONED ABOVE.