B-107016, MAY 29, 1957
Highlights
AS YOU WERE ADVISED IN OUR LETTER OF JUNE 2. A CIVILIAN EMPLOYEE OF THE GOVERNMENT WHO IS OFFICIALLY DETERMINED TO HAVE BEEN BELEAGUERED OR BESIEGED BY THE ENEMY IS ENTITLED UNDER THE MISSING PERSONS ACT. FOR THE PERIOD HE IS OFFICIALLY DETERMINED TO BE IN SUCH STATUS. TO THE SAME PAY HE WOULD HAVE RECEIVED HAD HE CONTINUED TO WORK AS USUAL AND BEEN PAID FOR THAT PERIOD. THAT YOUR FATHER WAS BELEAGUERED FROM JANUARY 1 TO APRIL 9. THAT HE LAST WAS PAID IN FULL TO INCLUDE MARCH 18. WAS DUE PAY UNDER THE MISSING PERSONS ACT. YOU HAVE ACKNOWLEDGED RECEIPT OF THAT AMOUNT. SINCE YOU HAVE APPEALED TO THE DEPARTMENT OF THE ARMY THE DETERMINATION MADE IN YOUR FATHER'S CASE AND SINCE THEY HAVE REFERRED YOUR LETTER TO OUR OFFICE FOR REPLY WITHOUT CHANGING THE ORIGINAL DETERMINATION MADE IN HIS CASE.
B-107016, MAY 29, 1957
TO MISS ADORACION C. SECRETO:
YOUR LETTER OF SEPTEMBER 27, 1956, TO THE CHIEF, SPECIAL CLAIMS DIVISION, SETTLEMENTS OPERATION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, CONCERNING YOUR CLAIM FOR AN AMOUNT BELIEVED TO BE DUE THE ESTATE OF YOUR FATHER, LIBORIO S. SECRETO, DECEASED, FORMER CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, HAS BEEN REFERRED TO US FOR REPLY.
AS YOU WERE ADVISED IN OUR LETTER OF JUNE 2, 1955, A CIVILIAN EMPLOYEE OF THE GOVERNMENT WHO IS OFFICIALLY DETERMINED TO HAVE BEEN BELEAGUERED OR BESIEGED BY THE ENEMY IS ENTITLED UNDER THE MISSING PERSONS ACT, 56 STAT. 143, AS AMENDED, 50 U.S.C. 1001-1018, FOR THE PERIOD HE IS OFFICIALLY DETERMINED TO BE IN SUCH STATUS, TO THE SAME PAY HE WOULD HAVE RECEIVED HAD HE CONTINUED TO WORK AS USUAL AND BEEN PAID FOR THAT PERIOD. THE DEPARTMENT OF THE ARMY DETERMINED, AS SET FORTH IN OUR LETTER OF JANUARY 8, 1952, TO YOU, THAT YOUR FATHER WAS BELEAGUERED FROM JANUARY 1 TO APRIL 9, 1942, THAT HE LAST WAS PAID IN FULL TO INCLUDE MARCH 18, 1942, AND WAS DUE PAY UNDER THE MISSING PERSONS ACT, AS AMENDED, FOR THE PERIOD MARCH 19, TO APRIL 9, 1942, IN THE SUM OF $38. YOU HAVE ACKNOWLEDGED RECEIPT OF THAT AMOUNT.
THE DETERMINATION BY THE DEPARTMENT OF THE ARMY AS TO THE PERIOD OF ENTITLEMENT AND THE AMOUNT DUE UNDER SECTION 9 OF THE MISSING PERSONS ACT, 50 U.S.C. 1009, IN FINAL AND CONCLUSIVE. SINCE YOU HAVE APPEALED TO THE DEPARTMENT OF THE ARMY THE DETERMINATION MADE IN YOUR FATHER'S CASE AND SINCE THEY HAVE REFERRED YOUR LETTER TO OUR OFFICE FOR REPLY WITHOUT CHANGING THE ORIGINAL DETERMINATION MADE IN HIS CASE, THERE IS NO PROPER BASIS UPON WHICH ANY ADDITIONAL AMOUNT MAY BE ALLOWED BY US UPON THE BASIS OF THE PRESENT RECORD.
ACCORDINGLY, FURTHER CORRESPONDENCE WITH OUR OFFICE WILL SERVE NO USEFUL PURPOSE.