B-149229, SEP. 14, 1962
Highlights
FURTHER CONCERNS YOUR CLAIM WHICH WAS DISALLOWED IN OUR CLAIMS DIVISION SETTLEMENT OF AUGUST 10. WHICH WAS SUSTAINED IN OUR DECISION OF JULY 9. THAT SETTLEMENT AND DECISION CONSIDERED THE ASPECTS OF THE FACTS AND CIRCUMSTANCES WHICH HAVE A MATERIAL BEARING UPON YOUR CLAIM. YOU BELIEVE SIMILAR BENEFITS ARE DUE YOU FOR THE PERIODS OF YOUR SERVICE ON TAIWAN. YOU OVERLOOK THAT THE NOTE AS A WHOLE ESSENTIALLY IS A COUNTERPROPOSAL BY THE UNITED STATES REPLYING TO THE DIPLOMATIC EXCHANGES DESCRIBED IN THE FIRST PARAGRAPH OF THE MAY 13 NOTE. WHICH WERE APPROVED BY THE PHILIPPINE GOVERNMENT ON MAY 16. WE ARE OF THE OPINION THAT THE OTHER PORTIONS YOU QUOTE FROM. DO NOT WARRANT THE CONCLUSION EXPRESSED BY YOU IN YOUR LETTER THAT THE ARMY AS A MATTER OF LAW WAS OBLIGATED TO MAKE QUARTERS AVAILABLE TO YOU ON TAIWAN ON A RENTAL BASIS AT THE RATE OF $1 PER MONTH.
B-149229, SEP. 14, 1962
TO MR. BERNARDO A. USTARIS:
YOUR LETTER OF AUGUST 15, 1962, WITH ENCLOSURE, FURTHER CONCERNS YOUR CLAIM WHICH WAS DISALLOWED IN OUR CLAIMS DIVISION SETTLEMENT OF AUGUST 10, 1960, WHICH WAS SUSTAINED IN OUR DECISION OF JULY 9, 1962, TO YOU. THAT SETTLEMENT AND DECISION CONSIDERED THE ASPECTS OF THE FACTS AND CIRCUMSTANCES WHICH HAVE A MATERIAL BEARING UPON YOUR CLAIM, AND SET FORTH THE REASONS FOR DISALLOWANCE OF YOUR CLAIM.
THE RECORD SHOWS THAT THE ARMY FURNISHED YOU GOVERNMENT-CONTROLLED HOUSING ON OKINAWA AT NOMINAL RATES. YOU BELIEVE SIMILAR BENEFITS ARE DUE YOU FOR THE PERIODS OF YOUR SERVICE ON TAIWAN. HOWEVER, WITH YOUR LETTER OF AUGUST 15, 1962, YOU ENCLOSED A COPY OF THE AMERICAN EMBASSY'S DIPLOMATIC NOTE OF MAY 13, 1947. ON PAGE 2 OF YOUR LETTER YOU SET OUT SEVERAL PARTS OF THAT NOTE AS SUPPORTING YOUR CLAIM. YOU OVERLOOK THAT THE NOTE AS A WHOLE ESSENTIALLY IS A COUNTERPROPOSAL BY THE UNITED STATES REPLYING TO THE DIPLOMATIC EXCHANGES DESCRIBED IN THE FIRST PARAGRAPH OF THE MAY 13 NOTE. THE PHILIPPINE GOVERNMENT HAD SUGGESTED THAT THE UNITED STATES PROVIDE RENT FREE QUARTERS AND CERTAIN OTHER BENEFITS TO ALL FILIPINO EMPLOYEES WHO DIRECTLY WOULD SERVE THE UNITED STATES OUTSIDE THE PHILIPPINES AND IN THE AREAS UNDER CONSIDERATION AT THE TIME. HOWEVER, THE UNITED STATES COUNTEROFFERED WITH PLANS AND CONDITIONS AS OUTLINED ON MAY 13, 1947, WHICH WERE APPROVED BY THE PHILIPPINE GOVERNMENT ON MAY 16, 1947. THE PARTS OF THE EIGHTH, NINTH, AND TENTH PARAGRAPHS OF THE AMERICAN NOTE, QUOTED IN YOUR LETTER OF AUGUST 15, 1962, PRIMARILY CONCERN EMPLOYEES OF PRIVATE CONTRACTORS AND THOSE PARAGRAPHS DO NOT MATERIALLY AFFECT YOUR CLAIM. WE ARE OF THE OPINION THAT THE OTHER PORTIONS YOU QUOTE FROM, VIZ., THE SECOND, FOURTH, AND SIXTH PARAGRAPHS OF THE AMERICAN NOTE, DO NOT WARRANT THE CONCLUSION EXPRESSED BY YOU IN YOUR LETTER THAT THE ARMY AS A MATTER OF LAW WAS OBLIGATED TO MAKE QUARTERS AVAILABLE TO YOU ON TAIWAN ON A RENTAL BASIS AT THE RATE OF $1 PER MONTH.
THEREFORE, CONSIDERING THE EXPRESS INTENT OF THE AMERICAN NOTE OF MAY 13, 1947, WE HAVE NO ALTERNATIVE OTHER THAN TO DISALLOW YOUR CLAIM, AND TO AFFIRM OUR DECISION OF JULY 9, 1962.