B-138913, JUL. 23, 1965

B-138913: Jul 23, 1965

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CERTAIN ADDITIONAL COMPENSATION HAS BEEN ALLOWED YOU UNDER VARIOUS SETTLEMENTS OF OUR OFFICE AND AS A RESULT YOU HAVE BEEN PAID AT CLASSIFICATION ACT RATES FROM VARIOUS DATES IN 1957. PRIOR TO THOSE DATES YOUR PAY WAS AT THE RATES APPLICABLE TO LOCAL EMPLOYEES. ALTHOUGH YOU ARE ENTITLED TO BE PAID AT CLASSIFICATION ACT RATES BECAUSE YOU ARE AMERICAN CITIZENS YOU ARE NOT ENTITLED TO BE PAID BACK PAY FOR THE DIFFERENCE BETWEEN LOCAL RATES AND CLASSIFICATION ACT RATES FOR THE PERIOD PRIOR TO THE TIME YOUR EMPLOYING AGENCY WAS AWARE THAT YOU WERE IN FACT AMERICAN CITIZENS. THE AMERICAN BATTLE MONUMENTS COMMISSION HAS REPORTED TO US THAT YOUR AMERICAN CITIZENSHIP WAS NOT PROVED TO THEM UNTIL 1957 AND HAVE FURNISHED CERTAIN DOCUMENTS IN SUPPORT OF THEIR POSITION.

B-138913, JUL. 23, 1965

TO MR. FLORENTINO PASCO ET AL.:

WE REFER TO YOUR LETTER OF JUNE 18, 1965, SIGNED BY MESSRS. FLORENTINO PASCO, MANUEL ARNEDO, MIGUEL JAGONASI AND JOSEPH A. TENEZA, CONCERNING YOUR CLAIMS FOR ADDITIONAL COMPENSATION AS EMPLOYEES OF THE AMERICAN BATTLE MONUMENTS COMMISSION IN MANILA, PHILIPPINES.

CERTAIN ADDITIONAL COMPENSATION HAS BEEN ALLOWED YOU UNDER VARIOUS SETTLEMENTS OF OUR OFFICE AND AS A RESULT YOU HAVE BEEN PAID AT CLASSIFICATION ACT RATES FROM VARIOUS DATES IN 1957. PRIOR TO THOSE DATES YOUR PAY WAS AT THE RATES APPLICABLE TO LOCAL EMPLOYEES. ALTHOUGH YOU ARE ENTITLED TO BE PAID AT CLASSIFICATION ACT RATES BECAUSE YOU ARE AMERICAN CITIZENS YOU ARE NOT ENTITLED TO BE PAID BACK PAY FOR THE DIFFERENCE BETWEEN LOCAL RATES AND CLASSIFICATION ACT RATES FOR THE PERIOD PRIOR TO THE TIME YOUR EMPLOYING AGENCY WAS AWARE THAT YOU WERE IN FACT AMERICAN CITIZENS.

THE AMERICAN BATTLE MONUMENTS COMMISSION HAS REPORTED TO US THAT YOUR AMERICAN CITIZENSHIP WAS NOT PROVED TO THEM UNTIL 1957 AND HAVE FURNISHED CERTAIN DOCUMENTS IN SUPPORT OF THEIR POSITION.

YOU SAY THAT THE COMMISSION KNEW THAT YOU WERE AMERICAN CITIZENS FROM THE DATES OF YOUR EMPLOYMENT IN 1951 AND 1952 AND HAVE ENCLOSED-- IN ADDITION TO COPIES OF DOCUMENTS CONTAINING EVIDENCE ALREADY CONSIDERED--- THE AFFIDAVIT OF MRS. TERESITA V. CHONG, A FORMER EMPLOYEE OF THE COMMISSION. THAT AFFIDAVIT IS TO THE EFFECT THAT AS EMPLOYEES OF THE COMMISSION YOU SUBMITTED STANDARD FORM 57-S, PRESUMABLY CONTAINING STATEMENTS OF YOUR CITIZENSHIP AT THE TIME YOU WERE EMPLOYED AND THAT AS A FELLOW EMPLOYEE BETWEEN 1951 AND 1956 SHE KNEW THAT YOU WERE AMERICAN CITIZENS. YOU RELY ON THAT AFFIDAVIT TO PROVE THAT THE COMMISSION WAS AWARE THAT YOU WERE AMERICAN CITIZENS FROM AND AFTER THE DATES OF YOUR EMPLOYMENT.

IN A CASE INVOLVING A CONFLICT BETWEEN THE FACTS AS PRESENTED BY THE CLAIMANT AND THOSE REPORTED BY THE GOVERNMENT AGENCY CONCERNED WE MUST ACCEPT THE AGENCY REPORT AS CORRECT UNLESS THE CLAIMANT PRESENTS EVIDENCE CLEARLY SHOWING SUCH REPORT TO BE IN ERROR. THE AFFIDAVIT YOU HAVE SUBMITTED IS NOT SUFFICIENT TO SHOW THAT THE REPORT OF THE COMMISSION AS SUPPORTED BY THE DOCUMENTS THEY SUBMITTED IS IN ERROR. THEREFORE, WE MUST SUSTAIN OUR DECISION OF OCTOBER 15, 1964, WHICH HELD THAT YOU WERE ENTITLED TO ADDITIONAL COMPENSATION ONLY FROM THE DATES IN 1957 WHEN YOUR CITIZENSHIP WAS PROVED TO THE COMMISSION.