B-138913, OCT. 8, 1965

B-138913: Oct 8, 1965

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YOU INDICATE THAT DOCUMENTARY EVIDENCE WHICH WOULD SUPPORT YOUR CLAIMS HAS APPARENTLY BEEN LOST OR DESTROYED BUT THAT SUCH DOCUMENTS MUST HAVE BEEN USED AS A BASIS FOR FILLING OUT NEW FORMS IN 1962. YOU ALSO REFER TO OTHER EVIDENCE WHICH YOU SAY IS SUFFICIENT TO SHOW THAT THE COMMISSION WAS AWARE OF YOUR AMERICAN CITIZENSHIP AT THE TIMES YOU WERE APPOINTED IN 1951 AND 1952. THE EVIDENCE TO WHICH YOU REFER WAS PREVIOUSLY PRESENTED TO THE COMMISSION AND UNDER DATE OF SEPTEMBER 15. ARNEDO WAS ON 26 APRIL 1957. IT WAS ON THESE DATES THAT THE LOCAL AMERICAN EMBASSY'S CONSULAR SECTION WROTE THE OFFICER IN CHARGE OF THIS OFFICE CONFIRMING THEIR AMERICAN CITIZENSHIP. THIS WAS IN CONNECTION WITH THEIR APPLICATIONS FOR UNITED STATES SOCIAL SECURITY (FICA) COVERAGE.

B-138913, OCT. 8, 1965

TO MR. FLORENTINO PASCO ET AL.:

WE REFER TO YOUR LETTER OF SEPTEMBER 20, 1965, ALSO SIGNED BY MANUEL ARNEDO, JOSEPH A. TENEZA AND MIGUEL JAGONASI CONCERNING YOUR CLAIMS FOR ADDITIONAL COMPENSATION AS CIVILIAN GUARDS EMPLOYED BY THE AMERICAN BATTLE MONUMENTS COMMISSION.

YOU INDICATE THAT DOCUMENTARY EVIDENCE WHICH WOULD SUPPORT YOUR CLAIMS HAS APPARENTLY BEEN LOST OR DESTROYED BUT THAT SUCH DOCUMENTS MUST HAVE BEEN USED AS A BASIS FOR FILLING OUT NEW FORMS IN 1962. YOU ALSO REFER TO OTHER EVIDENCE WHICH YOU SAY IS SUFFICIENT TO SHOW THAT THE COMMISSION WAS AWARE OF YOUR AMERICAN CITIZENSHIP AT THE TIMES YOU WERE APPOINTED IN 1951 AND 1952. THE EVIDENCE TO WHICH YOU REFER WAS PREVIOUSLY PRESENTED TO THE COMMISSION AND UNDER DATE OF SEPTEMBER 15, 1964, THAT AGENCY NOTIFIED US AS FOLLOWS:

"IT APPEARS FROM OUR CORRESPONDENCE FILES THAT THE FIRST TIME WE POSITIVELY BECAME AWARE OF THE AMERICAN CITIZENSHIP OF MR. PASCO, MR. JAGONASI, MR. TENEZA, AND MR. ARNEDO WAS ON 26 APRIL 1957, 9 AUGUST 1957 AND 9 SEPTEMBER 1957, RESPECTIVELY. IT WAS ON THESE DATES THAT THE LOCAL AMERICAN EMBASSY'S CONSULAR SECTION WROTE THE OFFICER IN CHARGE OF THIS OFFICE CONFIRMING THEIR AMERICAN CITIZENSHIP. THIS WAS IN CONNECTION WITH THEIR APPLICATIONS FOR UNITED STATES SOCIAL SECURITY (FICA) COVERAGE, WHICH WAS APPROVED ON THE BASIS OF THESE LETTERS RECEIVED FROM THE AMERICAN EMBASSY, MANILA. ATTACHED ARE THE THREE LETTERS WHEREIN THIS INFORMATION IS GIVEN.

"IT IS NOTED THAT THE DATES OF APPOINTMENT OF MESSRS. ARNEDO, JAGONASI, PASCO, AND TENEZA, WERE 27 FEBRUARY 1951, 3 AUGUST 1951, 17 MARCH 1952, AND 20 SEPTEMBER 1952. AS EVIDENCE THAT THE OFFICER IN CHARGE OF THIS OFFICE, AT THAT TIME, EITHER DID NOT KNOW OF THEIR AMERICAN CITIZENSHIP, OR ELSE DID NOT CONSIDER THEM AS AMERICAN CITIZENS, WE ATTACH A COPY OF MEMO FROM THE ADMINISTRATIVE OFFICER, AMERICAN EMBASSY, MANILA DATED 27 SEPTEMBER 1951, AND COPIES OF LETTERS FROM THIS OFFICE IN REPLY THERETO, NOS. 657-X, 955-X, AND 1276 X DATED 2 OCTOBER 1951, 1 APRIL 1952, AND 1 OCTOBER 1952, RESPECTIVELY. ALSO ATTACHED IS COPY OF OUR 30 SEPTEMBER 1953 LETTER 1958-X WHEREIN THE FOUR CLAIMANT FORMER EMPLOYEES ARE REPORTED TO THE AMERICAN EMBASSY, MANILA, FOR THE FIRST TIME, AS CLAIMING CITIZENSHIP. HOWEVER, PLEASE NOTE THAT THEIR CLAIMED AMERICAN CITIZENSHIP WAS NEVER VERIFIED BY US UNTIL THE 1957 DATES INDICATED IN PARAGRAPH 1, ABOVE, AND ALSO WE DO NOT HAVE ANY RECORD OF THEIR EVER VOLUNTARILY OFFERING ANY PROOF OF THEIR CITIZENSHIP PRIOR TO THESE 1957 DATES.

"REGARDING THE EMPLOYMENT QUESTIONNAIRE, WE DO REQUIRE OUR FILIPINO CITIZEN EMPLOYEES TO ACCOMPLISH ONE AT THE TIME THEY ARE APPOINTED (AMERICAN CITIZEN EMPLOYEES ACCOMPLISH A SF-57), AND IT IS USUALLY FILED IN THE PERSONNEL FOLDER (201 FILE). IT IS RECALLED THAT IN 1962 WE HAD ALL OUR FILIPINO CITIZEN EMPLOYEES FILL OUT A NEW QUESTIONNAIRE FOR THE PURPOSE OF UPDATING THEIR PERSONAL DATA. WE DO NOT KNOW WHY THE PERSONNEL FOLDERS OF THESE MEN, NOW AT THE FEDERAL RECORDS CENTER, ST. LOUIS, MISSOURI, DO NOT CONTAIN THE QUESTIONNAIRE WHICH THEY CLAIM TO HAVE FILLED OUT WHEN THEY WERE FIRST EMPLOYED HERE.'

IN VIEW OF THE POSITION OF THE AMERICAN BATTLE MONUMENTS COMMISSION, AS SET FORTH ABOVE, WITH RESPECT TO EVIDENCE ON WHICH YOU RELY, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN OUR DECISION OF OCTOBER 15, 1964, B 138913.

ANY FURTHER CORRESPONDENCE WHICH DOES NOT INCLUDE NEW OR ADDITIONAL EVIDENCE WILL BE FILED WITHOUT REPLY.