B-118417, JUL. 21, 1966

B-118417, JUL. 21, 1966

TO MR. REINALDO S. BERTULFO:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 14, 1966, CONCERNING YOUR CLAIM FOR ARREARS OF PAY FOR SERVICE IN THE PHILIPPINE SCOUTS AND THE ARMY OF THE UNITED STATES FROM MARCH 1942 TO JANUARY 1946, BASED ON YOUR BELIEF THAT YOU WERE ENTITLED TO THE PAY OF THE GRADE OF SPECIALIST, FIFTH CLASS, DURING THAT PERIOD. YOU STATE THAT YOU "HAVE NEVER RECEIVED ANY PAYMENT" SINCE YOU FIRST WROTE THE ADJUTANT GENERAL OF THE ARMY CONCERNING THIS MATTER IN 1950.

OUR RECORDS SHOW THAT UNDER DATE OF SEPTEMBER 28, 1953, OUR CLAIMS DIVISION INFORMED YOU THAT YOUR PAY RECORDS SHOWED THAT YOU WERE PROPERLY PAID ALL THE SPECIALIST PAY TO WHICH YOU WERE ENTITLED FROM THE DATE OF AWARD OF YOUR SPECIALIST, FIFTH CLASS, RATING ON MARCH 1, 1942, TO THE DATE OF ITS DISCONTINUANCE ON JUNE 24, 1942. IN SETTLEMENT OF APRIL 23, 1954, YOU WERE INFORMED THAT UNDER THE PROVISIONS OF WAR DEPARTMENT CIRCULAR NO. 204, JUNE 24, 1942, SPECIALISTS OF THE FIFTH AND SIXTH CLASS WERE DISRATED AND IT WAS THERE PROVIDED THAT THE PERSONS CONCERNED WOULD BE PAID ACCORDING TO THEIR GRADES OF PRIVATE FIRST CLASS AND PRIVATE. YOU WERE FURTHER INFORMED THAT THE DISALLOWANCE OF YOUR CLAIM WAS BASED ON ACTION TAKEN BY THE DEPARTMENT OF THE ARMY UNDER THE MISSING PERSONS ACT OF 1942, CH. 166, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001, IN WHICH IT WAS DETERMINED THAT YOUR GRADE AFTER JUNE 24, 1942, WAS THAT OF PRIVATE FIRST CLASS. SINCE SECTION 9 OF THAT ACT, AS AMENDED, PROVIDES THAT "ALL SUCH DETERMINATIONS SHALL BE CONCLUSIVE," WE ARE WITHOUT AUTHORITY TO QUESTION THE DETERMINATION THAT YOUR GRADE AFTER JUNE 24, 1942, WAS THAT OF PRIVATE FIRST CLASS.

FOLLOWING THE ENACTMENT OF PUB.L. 85-217, AUGUST 29, 1957, 71 STAT. 491-- - SECTION 1 (B) OF WHICH AMENDED SECTION 2 OF THE MISSING PERSONS ACT SO AS TO AUTHORIZE ADDITIONAL BENEFITS TO MEMBERS OF THE PHILIPPINE SCOUTS WHO WERE CAPTURED DURING WORLD WAR II AND WERE PERMITTED TO RETURN TO THEIR HOMES AND ENGAGE IN CIVILIAN PURSUITS PRIOR TO THE TERMINATION OF THE JAPANESE OCCUPATION OF THE PHILIPPINE ISLANDS--- YOU SUBMITTED A CLAIM UNDER THAT ACT. IN SUCH CLAIM YOU REQUESTED THAT PAYMENT INCLUDE "MY FIFTH CLASS, SPECIALIST RATING" BACK PAY "DURING MY SERVICES IN THE ARMY OF THE UNITED STATES," ADDING THAT "I WAS NOT PAID MY SPECIALIST FIFTH CLASS FROM 25 APRIL 1945 UNTIL MY DISCHARGE ON THE 21ST OF JANUARY 1946.' IN CONNECTION WITH SUCH CLAIM THE DEPARTMENT OF THE ARMY MADE A REDETERMINATION UNDER THE MISSING PERSONS ACT SHOWING, AMONG OTHER THINGS, THAT YOUR GRADE FROM JUNE 25, 1942, TO APRIL 24, 1945, WAS PRIVATE FIRST CLASS AND THAT YOU HAD AN ENLISTED STATUS IN THE ARMY OF THE UNITED STATES FROM APRIL 25, 1945, TO JANUARY 21, 1946. SINCE YOUR GRADE WAS THAT OF PRIVATE FIRST CLASS FROM JUNE 25, 1942, TO APRIL 24, 1945, AND YOU SAY THAT YOU ENLISTED IN THE ARMY OF THE UNITED STATES ON APRIL 25, 1945, IN THE SAME GRADE, THERE IS, OF COURSE, NO AUTHORITY FOR PAYING THE PAY OF THE HIGHER GRADE.

IT APPEARS THAT YOUR CLAIM WAS PAID BY CHECK NO. 17,373 DATED SEPTEMBER 29, 1959, IN THE AMOUNT OF $466.28, MADE PAYABLE TO YOU AND MAILED TO YOUR THEN ADDRESS, NO. 5, 24TH STREET, EBB, OLONGAPA, ZAMBALES, PHILIPPINES. COPY OF SUCH CHECK IS ENCLOSED. THAT PAYMENT COVERED THE PERIOD SEPTEMBER 1, 1942, TO JANUARY 21, 1946, AND WAS BASED ON THE GRADE OF PRIVATE FIRST CLASS. YOUR ATTENTION IS IS INVITED TO THE ENDORSEMENT ON THE REVERSE SIDE, AS IT APPEARS TO BE GENUINE AND THE SAME AS YOUR SIGNATURES ON LETTERS SENT TO THIS OFFICE BY YOU.

SINCE THE RECORDS SHOW PAYMENT TO YOU OF THE FULL AMOUNT DUE INCIDENT TO YOUR MILITARY SERVICE IN THE PHILIPPINE SCOUTS AND ARMY OF THE UNITED STATES, FROM MARCH 1942 TO JANUARY 1946, THERE IS NO FURTHER ACTION WHICH MAY BE TAKEN IN YOUR CASE.