B-125351, OCT. 6, 1955

B-125351: Oct 6, 1955

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YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF OUR OFFICE DATED MAY 27. DULAY WAS APPOINTED AS A SALARIED EMPLOYEE OF THE UNITED STATES ARMY. THERE WAS ENCLOSED WITH YOUR LETTER AN AFFIDAVIT OF MAXIMO SABINAY WHICH STATES THAT HE WAS EMPLOYED AS FOREMAN BY THE PCAU IN CHARGE OF MEN. - WHO WERE WORKING AS RATION CARRIERS DURING THE LIBERATION CAMPAIGNS IN THE PHILIPPINES BETWEEN FEBRUARY 1945 AND MAY 1945. WAS EMPLOYED AS A RATION CARRIER UNTIL HIS DEATH WHICH WAS DUE TO JAPANESE SHELLING. THE RIGHT OF AN EMPLOYEE OF THE GOVERNMENT TO COMPENSATION IS DEPENDENT UPON THE RENDERING OF SERVICE. WHILE THE AFFIDAVIT STATES THE DECEASED WAS EMPLOYED BY THE UNITED STATES ARMY AS A RATION CARRIER SUCH EMPLOYMENT CANNOT BE ESTABLISHED BY THE OFFICIAL RECORDS.

B-125351, OCT. 6, 1955

TO MRS. EGNACIA VICENTE:

YOUR LETTER DATED JULY 14, 1955, REFERS TO YOUR CLAIM FOR COMPENSATION ALLEGED TO BE DUE YOUR DECEASED HUSBAND, PATRICIO N. DULAY, FOR SERVICE AS A RATION CARRIER FOR THE UNITED STATES ARMY. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF OUR OFFICE DATED MAY 27, 1955, FOR THE REASON THAT THE OFFICIAL RECORDS FAIL TO ESTABLISH MR. DULAY WAS APPOINTED AS A SALARIED EMPLOYEE OF THE UNITED STATES ARMY.

THERE WAS ENCLOSED WITH YOUR LETTER AN AFFIDAVIT OF MAXIMO SABINAY WHICH STATES THAT HE WAS EMPLOYED AS FOREMAN BY THE PCAU IN CHARGE OF MEN--- INCLUDING THE DECEASED, PATRICIO N. DULAY--- WHO WERE WORKING AS RATION CARRIERS DURING THE LIBERATION CAMPAIGNS IN THE PHILIPPINES BETWEEN FEBRUARY 1945 AND MAY 1945, AND HE KNOWS PERSONALLY THAT THE DECEASED, PATRICIO N. DULAY, WAS EMPLOYED AS A RATION CARRIER UNTIL HIS DEATH WHICH WAS DUE TO JAPANESE SHELLING.

THE RIGHT OF AN EMPLOYEE OF THE GOVERNMENT TO COMPENSATION IS DEPENDENT UPON THE RENDERING OF SERVICE, SUCH SERVICE GENERALLY BEING ESTABLISHED EITHER FROM OFFICIAL RECORDS OR FROM THE ACTUAL KNOWLEDGE OF THE PROPER OFFICIALS OF THE DEPARTMENT CONCERNED. WHILE THE AFFIDAVIT STATES THE DECEASED WAS EMPLOYED BY THE UNITED STATES ARMY AS A RATION CARRIER SUCH EMPLOYMENT CANNOT BE ESTABLISHED BY THE OFFICIAL RECORDS. MOREOVER, THE DEPARTMENT OF THE ARMY HAS FAILED TO INDICATE THAT ITS OFFICIALS HAVE ANY KNOWLEDGE OF THE EMPLOYMENT IN QUESTION.

IT MAY BE STATED THAT SINCE MR. SABINAY WAS NOT AN OFFICIAL WHOSE DUTIES WOULD REQUIRE HIM TO KNOW WHETHER YOUR HUSBAND WAS ACTUALLY APPOINTED TO A POSITION WITH THE UNITED STATES ARMY OR WHETHER THERE WAS ANY UNPAID COMPENSATION DUE HIM AT THE TIME OF HIS DEATH, HIS AFFIDAVIT MAY NOT BE CONSIDERED AS EVIDENCE OF SUFFICIENT WEIGHT TO WARRANT THE ALLOWANCE OF A CLAIM AGAINST THE UNITED STATES IN THE ABSENCE OF OFFICIAL RECORDS OR OTHER EVIDENCE TO SUBSTANTIATE THE CLAIM.

ACCORDINGLY, THE SETTLEMENT OF MAY 27, 1955, WHICH DISALLOWED YOUR CLAIM MUST BE SUSTAINED.

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