B-163950, DEC. 4, 1968
Highlights
FILOMENO SALINDO: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 17. YOU WERE ADVISED THAT PAYMENT OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. YOU STATE THAT SINCE THE DEPARTMENT OF THE ARMY IS ONE OF THE AGENCIES OF THE GENERAL ACCOUNTING OFFICE. ATTENTION WAS DIRECTED TO THE FACT THAT PAYMENT OF YOUR CLAIM COULD NOT BE MADE IN ANY EVENT BECAUSE OF THE PROVISIONS OF THE MISSING PERSONS ACT APPROVED MARCH 7. THAT ACT PROVIDED THAT ENTITLEMENT TO ITEMS OF MILITARY PAY AND ALLOWANCES BELIEVED DUE FOR ANY PERIOD OF TIME COVERED BY THAT ACT ARE FOR DETERMINATION BY THE HEAD OF THE DEPARTMENT CONCERNED (IN YOUR CASE. THAT DETERMINATIONS SO MADE ARE FINAL AND CONCLUSIVE. IT APPEARS THAT TWO PAYMENTS WERE MADE TO YOU BASED ON DETERMINATIONS MADE BY THE SECRETARY OF THE ARMY IN YOUR CASE.
B-163950, DEC. 4, 1968
TO MR. FILOMENO SALINDO:
REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 17, 1968, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR QUARTERS AND RATIONS ALLOWANCES BELIEVED DUE INCIDENT TO YOUR SERVICE AS A PHILIPPINE SCOUT DURING WORLD WAR II. IN SETTLEMENT OF MARCH 2, 1959, YOU WERE ADVISED THAT PAYMENT OF YOUR CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, 237.
YOU CONTEND THAT THE ACT OF OCTOBER 9, 1940, DOES NOT BAR CONSIDERATION OF YOUR CLAIM BY THIS OFFICE, SINCE YOU FILED A PROPER CLAIM WITH THE DEPARTMENT OF THE ARMY IN 1946. YOU STATE THAT SINCE THE DEPARTMENT OF THE ARMY IS ONE OF THE AGENCIES OF THE GENERAL ACCOUNTING OFFICE, THEIR FAILURE TO FORWARD YOUR CLAIM TO THIS OFFICE SHOULD NOT OPERATE AGAINST YOU.
IN OUR LETTER OF MAY 2, 1968, B-163950, TO MCKINLEY CHAPTER NO. 2, DISABLED AMERICAN VETERANS, TO WHICH YOU MAKE REFERENCE, ATTENTION WAS DIRECTED TO THE FACT THAT PAYMENT OF YOUR CLAIM COULD NOT BE MADE IN ANY EVENT BECAUSE OF THE PROVISIONS OF THE MISSING PERSONS ACT APPROVED MARCH 7, 1942, CH. 166, 56 STAT. 143, AS AMENDED, 50 U.S.C. 1001 ET SEQ. THAT ACT PROVIDED THAT ENTITLEMENT TO ITEMS OF MILITARY PAY AND ALLOWANCES BELIEVED DUE FOR ANY PERIOD OF TIME COVERED BY THAT ACT ARE FOR DETERMINATION BY THE HEAD OF THE DEPARTMENT CONCERNED (IN YOUR CASE, THE SECRETARY OF THE ARMY), OR SUCH SUBORDINATE AS HE MAY DESIGNATE, AND THAT DETERMINATIONS SO MADE ARE FINAL AND CONCLUSIVE. IT APPEARS THAT TWO PAYMENTS WERE MADE TO YOU BASED ON DETERMINATIONS MADE BY THE SECRETARY OF THE ARMY IN YOUR CASE, ONE IN 1946 AND THE SECOND IN 1958, NEITHER OF WHICH FOUND ANY ENTITLEMENT ON YOUR PART TO QUARTERS AND RATIONS ALLOWANCES.
YOU ARE FURTHER ADVISED THAT THE DEPARTMENT OF THE ARMY IS NOT A PART OF THIS OFFICE AND IS NOT UNDER OUR JURISDICTION. WE ARE WITHOUT AUTHORITY TO REVIEW ANY DETERMINATION MADE BY THE SECRETARY OF THE ARMY IN MATTERS CONCERNING THE MISSING PERSONS ACT.
ACCORDINGLY, THERE BEING NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM, WE MUST ADHERE TO THE ACTION HERETOFORE TAKEN IN THIS MATTER.