B-156016, FEB. 25, 1965

B-156016, FEB. 25, 1965

TO MR. LORENZO GUINTO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11, 1965, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN OUR CLAIMS DIVISION LETTER OF NOVEMBER 24, 1964, IN DENYING YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS FOR THE PERIOD APRIL 1 TO NOVEMBER 30, 1945, INCIDENT TO YOUR MILITARY SERVICE AS A PHILIPPINE SCOUT. YOUR REQUEST FOR FAVORABLE ACTION ON SUCH CLAIM APPEARS TO BE GROUNDED ON YOUR BELIEF THAT IT WAS APPROVED BY THE FINANCE CENTER, U.S. ARMY, AND SENT TO OUR OFFICE FOR PAYMENT.

SECTION 101 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, APPROVED JUNE 23, 1942, CH. 443, 56 STAT. 381, AS AMENDED BY SECTION 1 OF THE ACT OF OCTOBER 26, 1943, CH. 281, 57 STAT. 577, READS AS FOLLOWS:

"THE DEPENDENT OR DEPENDENTS OF ANY ENLISTED MAN IN THE ARMY OF THE UNITED STATES, THE UNITED STATES NAVY, THE MARINE CORPS, OR THE COAST GUARD, INCLUDING ANY AND ALL RETIRED AND RESERVE COMPONENTS OF SUCH SERVICES, SHALL BE ENTITLED TO RECEIVE A MONTHLY FAMILY ALLOWANCE FOR ANY PERIOD DURING WHICH SUCH ENLISTED MAN IS IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES ON OR AFTER JUNE 1, 1942, DURING THE EXISTENCE OF ANY WAR DECLARED BY CONGRESS AND THE SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF ANY SUCH WAR.'

SECTION 120 (I) OF THE 1942 ACT, AS AMENDED BY SECTION 13 OF THE 1943 ACT, READS AS FOLLOWS:

"THE TERMS "MAN" AND "ENLISTED MAN" MEAN ANY ENLISTED INDIVIDUAL, MALE OR FEMALE, OF THE FIRST TO SEVENTH GRADES, BOTH INCLUSIVE, AND ANY AVIATION CADET, IN ANY OF THE SERVICES MENTIONED IN SECTION 101 OF THIS ACT, AND ANY MEMBER, EXCEPT THE LEADER AND SECOND LEADER, OF THE BAND OF THE UNITED STATES MARINE CORPS, BUT DO NOT INCLUDE ANY MEMBER OF THE PHILIPPINE ARMY, THE PHILIPPINE SCOUTS, THE INSULAR FORCE OF THE NAVY, THE SAMOAN NATIVE GUARD OR BAND OF THE NAVY, OR THE SAMOAN RESERVE FORCE OF THE MARINE CORPS.'

OUR RECORDS DO NOT SHOW THAT YOUR CLAIM FOR FAMILY ALLOWANCE PAYMENTS WAS APPROVED BY THE FINANCE CENTER, U.S. ARMY, AND SENT TO OUR OFFICE FOR PAYMENT. FURTHERMORE, SINCE SECTION 120 (I) OF THE SERVICEMEN'SDEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, DEFINES THE TERM "MAN" AND ,ENLISTED MAN" AS USED IN THE ACT AND EXPRESSLY EXCLUDES FROM SUCH DEFINITION MEMBERS OF THE PHILIPPINE SCOUTS, THE APPROVAL OF SUCH A CLAIM FOR FAMILY ALLOWANCE PAYMENTS WOULD BE PROHIBITED BY THE QUOTED PROVISIONS OF LAW.

ACCORDINGLY, THE ACTION TAKEN IN OUR CLAIMS DIVISION LETTER OF NOVEMBER 24, 1964, WAS CORRECT AND IS SUSTAINED.