B-116164, MAY 1, 1956

B-116164: May 1, 1956

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PLANTO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 10. A SIMILAR CLAIM WAS DENIED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 7. THE SETTLEMENT WAS SUBSEQUENTLY REVIEWED AND BY OUR DECISION OF OCTOBER 21. YOU WERE ADVISED THAT YOU WERE CORRECTLY PAID FOR THE PERIOD FEBRUARY 18. YOUR PRESENT LETTER WILL THEREFORE BE CONSIDERED AS A REQUEST FOR FURTHER REVIEW OF YOUR PRIOR CLAIM. YOU CONTEND THAT INASMUCH AS YOU WERE ENLISTED IN THE PHILIPPINE SCOUTS. WHICH WAS A PART OF THE ARMY OF THE UNITED STATES. YOU ARE ENTITLED TO ALL PRIVILEGES AND BENEFITS APPERTAINING BY LAW TO THE ARMY OF THE UNITED STATES. WHILE RATES OF PAY AND ALLOWANCES FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS ARE NOT SPECIFICALLY PROVIDED FOR IN THE ACT OF FEBRUARY 2.

B-116164, MAY 1, 1956

TO MR. RAMON S. PLANTO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 10, 1956, RELATIVE TO YOUR CLAIM FOR ADDITIONAL PAY AND ALLOWANCES BELIEVED TO BE DUE YOU FOR SERVICE IN THE PHILIPPINE SCOUTS FOR THE PERIOD FEBRUARY 18, 1941, THROUGH DECEMBER 8, 1945.

A SIMILAR CLAIM WAS DENIED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 7, 1953. THE SETTLEMENT WAS SUBSEQUENTLY REVIEWED AND BY OUR DECISION OF OCTOBER 21, 1953, B-116164, YOU WERE ADVISED THAT YOU WERE CORRECTLY PAID FOR THE PERIOD FEBRUARY 18, 1941, THROUGH APRIL 30, 1945, AT RATES OF PAY PROPERLY APPLICABLE TO YOUR GRADE AS A PHILIPPINE SCOUT.

YOUR PRESENT LETTER WILL THEREFORE BE CONSIDERED AS A REQUEST FOR FURTHER REVIEW OF YOUR PRIOR CLAIM.

YOU CONTEND THAT INASMUCH AS YOU WERE ENLISTED IN THE PHILIPPINE SCOUTS, WHICH WAS A PART OF THE ARMY OF THE UNITED STATES, YOU ARE ENTITLED TO ALL PRIVILEGES AND BENEFITS APPERTAINING BY LAW TO THE ARMY OF THE UNITED STATES. YOU CITE CERTAIN LAWS WHICH YOU CLAIM ENTITLE YOU TO ADDITIONAL BENEFITS AS A MEMBER OF THE ARMY OF THE UNITED STATES.

WHILE RATES OF PAY AND ALLOWANCES FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS ARE NOT SPECIFICALLY PROVIDED FOR IN THE ACT OF FEBRUARY 2, 1901, 31 STAT. 757, AS AMENDED, OR IN SECTION 11 OF THE ACT OF JUNE 16, 1942, 56 STAT. 364, IN EFFECT DURING THE PERIOD OF YOUR CLAIM, THE STATUTES EXPRESSLY EMPOWER THE SECRETARY OF WAR TO FIX THE "PAY AND ALLOWANCES OF WHATEVER NATURE AND KIND TO BE AUTHORIZED FOR THE ENLISTED MEN OF THE PHILIPPINE SCOUTS," AND EXPRESSLY PROVIDE THAT THE PAY AND ALLOWANCES SO FIXED "SHALL NOT EXCEED OR BE OF OTHER CLASSES THAN THOSE NOW OR WHICH MAY HEREAFTER BE AUTHORIZED BY LAW FOR ENLISTED MEN OF THE REGULAR ARMY.'

IN OUR DECISION OF OCTOBER 21, 1963, YOU WERE ADVISED THAT THE PERTINENT REGULATIONS PROMULGATED PURSUANT TO THE ABOVE-CITED ACTS FIXED THE PAY OF A PRIVATE, PHILIPPINE SCOUTS, AT $9 A MONTH AND THE PAY OF A PRIVATE WITH OVER THREE YEARS OF SERVICE AT $9.45 A MONTH. SUCH REGULATIONS HAD THE FORCE AND EFFECT OF THE STATUTE UNDER WHICH THEY WERE MADE, AND THERE IS NO AUTHORITY FOR PAYMENT TO YOU AT RATES IN EXCESS OF THOSE SO PROVIDED.

THE STATUTES CITED IN YOUR LETTER HAVE BEEN EXAMINED, BUT NOTHING APPEARS THEREIN WHICH WOULD WARRANT A CHANGE IN THE CONCLUSIONS REACHED IN OUR DECISION OF OCTOBER 21, 1953. ACCORDINGLY, THAT DECISION IS ADHERED TO.

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