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B-142661, MAY 17, 1960

B-142661 May 17, 1960
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DELA TORRE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 4. WAS NOT AUTHORIZED ON THE PRESENT RECORD. WAS RECEIVED BY THE SECRETARY OF WAR FROM A COMMANDER IN THE PACIFIC AREA ON OCTOBER 24. THAT DUE TO THE LAPSE OF TIME RECEIPTED BILLS HAVE BEEN LOST. YOU HAVE FURNISHED AFFIDAVITS FROM FRIENDS TO SUPPORT YOUR CONTENTION AND HAVE ITEMIZED EXPENSES OF 310 PESOS (PHILIPPINE PESOS) WHICH YOU STATE YOU PAID FOR THE FUNERAL OF YOUR HUSBAND. PROVIDES THAT APPROPRIATIONS FOR FUNERAL EXPENSES OF PERSONNEL OF THE ARMY ARE FOR EXPENDITURE "UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE.'. IF THERE IS NO CONTRACT FOR THE PAYMENT OF FUNERAL EXPENSES IN EFFECT AT THE TIME AND PLACE OF DEATH OF THE MEMBER.

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B-142661, MAY 17, 1960

TO MRS. PORFIRIA S. DELA TORRE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 4, 1960, RELATIVE TO THE ACTION OF OUR CLAIMS DIVISION IN ADVISING YOU THAT PAYMENT OF YOUR CLAIM FOR REIMBURSEMENT OF THE FUNERAL EXPENSES OF YOUR HUSBAND, THE LATE PERFECTO DELA TORRE, PRIVATE FIRST CLASS, UNITED STATES ARMY, WAS NOT AUTHORIZED ON THE PRESENT RECORD.

THE OFFICIAL REPORT OF DEATH FURNISHED BY THE ADJUTANT GENERAL'S OFFICE SHOWS THAT EVIDENCE CONSIDERED SUFFICIENT TO ESTABLISH THE FACT THAT YOUR HUSBAND DIED JANUARY 10, 1945, IN A PRISONER OF WAR CAMP IN THE PHILIPPINE ISLANDS, WAS RECEIVED BY THE SECRETARY OF WAR FROM A COMMANDER IN THE PACIFIC AREA ON OCTOBER 24, 1945. HOWEVER, YOU CLAIM THAT HE DIED AT HOME AND YOU PAID HIS FUNERAL EXPENSES, BUT THAT DUE TO THE LAPSE OF TIME RECEIPTED BILLS HAVE BEEN LOST. YOU HAVE FURNISHED AFFIDAVITS FROM FRIENDS TO SUPPORT YOUR CONTENTION AND HAVE ITEMIZED EXPENSES OF 310 PESOS (PHILIPPINE PESOS) WHICH YOU STATE YOU PAID FOR THE FUNERAL OF YOUR HUSBAND.

THE ACT OF MAY 17, 1938, 10 U.S.C. 916 (1952 ED.), PROVIDES THAT APPROPRIATIONS FOR FUNERAL EXPENSES OF PERSONNEL OF THE ARMY ARE FOR EXPENDITURE "UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE.' THE THEN EXISTING REGULATION, AR 30-1830, PARAGRAPH 4 (C) (2), DATED OCTOBER 13, 1944, REQUIRES, IF THERE IS NO CONTRACT FOR THE PAYMENT OF FUNERAL EXPENSES IN EFFECT AT THE TIME AND PLACE OF DEATH OF THE MEMBER, THAT DETERMINATION AS TO THE AMOUNT TO BE ALLOWED WILL BE MADE BY THE QUARTERMASTER GENERAL.

THE QUARTERMASTER GENERAL HAS ADVISED THAT, SINCE YOU WERE UNABLE TO FURNISH RECEIPTED FUNERAL BILLS, YOU CLAIM WAS ADMINISTRATIVELY DISAPPROVED. THE REGULATIONS REQUIRING THAT THE QUARTERMASTER GENERAL MAKE A DETERMINATION HAS THE EFFECT OF LAW AND WE ARE PRECLUDED FROM TAKING ANY FURTHER ACTION ON YOUR CLAIM UNTIL YOU HAVE SUPPLIED THE NECESSARY INFORMATION REQUIRED BY THE ADMINISTRATIVE OFFICE. ACCORDINGLY, THE ACTION TAKEN BY THE CLAIMS DIVISION IS SUSTAINED.

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