B-131615, JUL. 9, 1957

B-131615, JUL. 9, 1957

TO MR. JUAN G. GERANEO:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 27, 1957, REQUESTING RECONSIDERATION OF SETTLEMENT DATED FEBRUARY 14, 1957, BY WHICH OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR THE DIFFERENCE IN PAY BETWEEN THAT OF AN ENLISTED MAN OF THE PHILIPPINE SCOUTS AND THAT OF AN ENLISTED MAN OF THE ARMY OF THE UNITED STATES FROM DECEMBER 1941, TO MAY 6, 1945.

THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, HAS REPORTED THAT YOU WERE ENLISTED IN THE REGULAR ARMY, PHILIPPINE SCOUTS, ON FEBRUARY 16, 1941, AND HONORABLY DISCHARGED ON MAY 6, 1945, FOR THE CONVENIENCE OF THE GOVERNMENT TO ENLIST IN THE ARMY OF THE UNITED STATES. IT IS FURTHER REPORTED THAT YOU SERVED (APPARENTLY IN THE ARMY OF THE UNITED STATES) FROM MAY 7, 1945, TO JUNE 30, 1946.

FROM THE QUESTIONS PRESENTED IN YOUR LETTER, IT APPEARS THAT YOU ARE CONTENDING THAT FOR THE PERIOD DECEMBER 1941 TO MAY 6, 1945, YOU SHOULD HAVE BEEN PAID AT THE RATES AUTHORIZED BY LAW FOR ENLISTED MEN GENERALLY OF THE REGULAR ARMY INSTEAD OF THE RATES SPECIFICALLY APPLICABLE TO ENLISTED MEN OF THE PHILIPPINE SCOUTS.

INSOFAR AS YOUR CLAIM FOR PAY IS CONCERNED, IT IS IMMATERIAL WHETHER THE PHILIPPINE SCOUTS WERE A PART OF THE REGULAR ARMY SINCE PAY RATES WERE EXPRESSLY PROVIDED BY LAW AND REGULATION FOR MEMBERS OF THE PHILIPPINE SCOUTS WHICH WERE DIFFERENT FROM THOSE PROVIDED FOR OTHER MEMBERS OF THE ARMY.

SECTION 11 OF THE ACT OF JUNE 16, 1942, TO WHICH YOU REFER, PROVIDES, IN PART, AS FOLLOWS:

"SEC. 11. THE PAY AND ALLOWANCES OF WHATEVER NATURE AND KIND TO BE AUTHORIZED FOR THE ENLISTED MEN OF THE PHILIPPINE SCOUTS SHALL BE FIXED BY THE SECRETARY OF WAR AND SHALL NOT EXCEED OR BE OF OTHER CLASSES THAN THOSE NOW OR WHICH MAY HEREAFTER BE AUTHORIZED BY LAW FOR ENLISTED MEN OF THE REGULAR ARMY.'

PURSUANT TO THE FOREGOING PROVISIONS AND SIMILAR EARLIER PROVISIONS THERE WERE PROMULGATED ARMY REGULATIONS 35-2720, DATED APRIL 10, 1933, AND AUGUST 10, 1942--- APPROVED BY THE SECRETARY OF WAR--- WHEREBY CERTAIN RATES OF MONTHLY BASE AND LONGEVITY PAY WERE AUTHORIZED FOR PHILIPPINE SCOUTS. UNDER THOSE REGULATIONS, THE BASE PAY OF A PRIVATE WAS SET AT $9 PER MONTH AND THAT OF A PRIVATE, FIRST CLASS, AT $11 PER MONTH. SMALL INCREASES WERE AUTHORIZED FOR THOSE HAVING MORE THAN THREE YEARS OF SERVICE. SINCE YOU WERE AN ENLISTED MAN IN THE PHILIPPINE SCOUTS DURING THE PERIOD OF YOUR CLAIM, IT APPEARS THAT UNDER THE PROVISIONS OF THE QUOTED SECTION, AND THE CITED REGULATIONS, YOU WERE ENTITLED TO BE PAID ONLY AT THE RATES SO ESTABLISHED BY THE SECRETARY OF WAR AS APPLICABLE TO YOUR GRADES. APPARENTLY, YOU DID NOT DENY THAT YOU WERE PAID AT SUCH ESTABLISHED RATES AND, UPON THE BASIS OF THE RECORD BEFORE US, THERE IS NO LEGAL AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. HENCE, THE ACTION TAKEN IN THE SETTLEMENT OF FEBRUARY 14, 1957, DISALLOWING YOUR CLAIM, IS SUSTAINED.