B-116164, DEC. 3, 1957

B-116164: Dec 3, 1957

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PLANTO: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 5. YOUR CLAIM WAS DENIED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 7. YOU WERE ADVISED THAT YOU WERE CORRECTLY PAID AT RATES PROPERLY APPLICABLE TO YOUR GRADE AS A PHILIPPINE SCOUT. THAT IS. IN OUR EARLIER DECISIONS YOU WERE ADVISED THAT THE PERTINENT REGULATIONS PROMULGATED PURSUANT TO THE ACTS OF FEBRUARY 2. THAT SUCH REGULATIONS HAD THE FORCE AND EFFECT OF THE STATUTES UNDER WHICH THEY WERE MADE. YOU HAVE NOT IDENTIFIED THE PARTICULAR STATUTE OF THE 85TH CONGRESS UNDER WHICH YOU NOW CLAIM. IT APPEARS THAT YOU HAVE REFERENCE TO SECTION 1 (B) OF THE ACT OF AUGUST 29. IN THE CASE OF ANY MEMBER OF THE PHILIPPINE SCOUTS WHO WAS CAPTURED IN THE PHILIPPINE ISLANDS BY THE ENEMY DURING WORLD WAR II.

B-116164, DEC. 3, 1957

TO MR. RAMON S. PLANTO:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 5, 1957, RELATIVE TO YOUR CLAIM FOR ADDITIONAL PAY AND ALLOWANCES BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS A MEMBER OF THE PHILIPPINE SCOUTS FOR THE PERIOD FEBRUARY 18, 1941, THROUGH DECEMBER 8, 1945.

YOUR CLAIM WAS DENIED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 7, 1953. ON TWO OCCASIONS THE SETTLEMENT HAS BEEN REVIEWED, AND BY OUR DECISIONS OF OCTOBER 21, 1953, AND MAY 1, 1956, B-116164, YOU WERE ADVISED THAT YOU WERE CORRECTLY PAID AT RATES PROPERLY APPLICABLE TO YOUR GRADE AS A PHILIPPINE SCOUT.

IN YOUR PRESENT LETTER YOU STATED THAT THE RECENT 85TH CONGRESS PASSEDA LAW ENTITLING YOU TO THE ADDITIONAL PAY AND ALLOWANCES, THAT IS, THE PAY OF AN ENLISTED MEMBER OF THE ARMY OF THE UNITED STATES.

IN OUR EARLIER DECISIONS YOU WERE ADVISED THAT THE PERTINENT REGULATIONS PROMULGATED PURSUANT TO THE ACTS OF FEBRUARY 2, 1901, 31 STAT. 757, AS AMENDED, AND JUNE 16, 1942, 56 STAT. 364, FIXED THE PAY OF A PRIVATE, PHILIPPINE SCOUTS, AND THAT SUCH REGULATIONS HAD THE FORCE AND EFFECT OF THE STATUTES UNDER WHICH THEY WERE MADE.

YOU HAVE NOT IDENTIFIED THE PARTICULAR STATUTE OF THE 85TH CONGRESS UNDER WHICH YOU NOW CLAIM, BUT IT APPEARS THAT YOU HAVE REFERENCE TO SECTION 1 (B) OF THE ACT OF AUGUST 29, 1957, 71 STAT. 491, WHICH AMENDS SECTION 2 OF THE MISSING PERSONS ACT (56 STAT. 143), AS AMENDED, INSOFAR AS HERE PERTINENT, AS FOLLOWS:

"/B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH ENTITLEMENT TO PAY AND ALLOWANCES SHALL NOT BE DENIED, IN THE CASE OF ANY MEMBER OF THE PHILIPPINE SCOUTS WHO WAS CAPTURED IN THE PHILIPPINE ISLANDS BY THE ENEMY DURING WORLD WAR II, SOLELY ON THE GROUND THAT SUCH MEMBER WAS PAROLED AND PERMITTED TO RETURN TO HIS HOME AND ENGAGE IN CIVILIAN PURSUITS PRIOR TO THE TERMINATION OF THE JAPANESE OCCUPATION OF SUCH ISLANDS. CLAIMS OF MEMBERS OF THE PHILIPPINE SCOUTS FOR PAY AND ALLOWANCES UNDER THIS SUBSECTION (WHETHER OR NOT SUCH CLAIMS HAVE BEEN PRESENTED AND REJECTED OR DISALLOWED) MAY, UNTIL THREE YEARS AFTER THE DATE OF ENACTMENT OF THIS SUBSECTION, BE PRESENTED FOR CONSIDERATION OR RECONSIDERATION AND PAYMENT UNDER THIS SUBSECTION: PROVIDED, THAT NO CLAIMS SHALL BE APPROVED FOR PAYMENT IF THE CLAIMANT VOLUNTARILY PARTICIPATED WITH OR FOR THE JAPANESE GOVERNMENT, JAPANESE NATIONALS, OR OTHERS AND PERFORMED ACTIONS OR DUTIES OF A MILITARY NATURE HOSTILE TO THE UNITED STATES * * *.'

IT MAY READILY BE SEEN THAT THE ABOVE-QUOTED PROVISION OF LAW CONTAINS NO CHANGES IN THE RATES OF PAY OF A PHILIPPINE SCOUT, BUT PROVIDES THAT PHILIPPINE SCOUTS WHO WERE CAPTURED BY THE ENEMY IN THE PHILIPPINE ISLANDS DURING WORLD WAR II SHALL NOT BE DENIED PAY AND ALLOWANCES ON THE GROUND THAT THEY WERE PAROLED AND PERMITTED TO RETURN HOME PRIOR TO THE TERMINATION OF THE JAPANESE OCCUPATION.

IN ADDITION, WE ARE NOT AWARE OF ANY OTHER ENACTMENT OF THE 85TH CONGRESS WHICH WOULD ENTITLE A PHILIPPINE SCOUT TO PAY IN EXCESS OF THE AMOUNT AUTHORIZED BY THE SECRETARY OF WAR FOR THE PERIOD OF YOUR CLAIM.

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