B-134035, OCT. 31, 1957

B-134035, OCT. 31, 1957

TO MR. EUGENIO GOC-ONG:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 12, 1957, AND ENCLOSURE, REGARDING YOUR CLAIM FOR REIMBURSEMENT OF BURIAL EXPENSES IN THE CASE OF YOUR SON, ELIAS H. GOC-ONG, SERGEANT, PHILIPPINE ARMY, WHO DIED MARCH 10, 1945. OUR CLAIMS DIVISION ADVISED YOU BY LETTER OF JULY 15, 1952, THAT SINCE YOUR SON SERVED IN THE PHILIPPINE ARMY YOUR CLAIM SHOULD BE PRESENTED TO THE PHILIPPINE GOVERNMENT AND NOT TO THE UNITED STATES.

IN YOUR LETTER OF AUGUST 12, 1957, YOU SAY THAT YOUR SON WAS INDUCTED INTO THE UNITED STATES ARMY FORCES IN THE FAR EAST ON OR ABOUT JANUARY 11, 1942, AND LATER SERVED AS A PHILIPPINE ARMY GUERRILLA UNDER UNITED STATES ARMY CONTROL. AS EVIDENCE OF YOUR SON'S INDUCTION INTO THE UNITED STATES ARMY FORCES IN THE FAR EAST YOU SUBMIT A COPY OF AN AFFIDAVIT EXECUTED JANUARY 24, 1953, BY ANTONIO BALANAY, SERGEANT, ARMED FORCES OF THE PHILIPPINES, THAT YOUR SON WAS SO INDUCTED ON JANUARY 11, 1942. IN SUCH CIRCUMSTANCES AND AS THE VETERANS ADMINISTRATION HAS AWARDED YOU INSURANCE AND DEATH COMPENSATION, YOU URGE THAT YOUR CLAIM SHOULD BE APPROVED BY THIS OFFICE.

INFORMATION AS TO YOUR SON'S MILITARY STATUS FURNISHED BY THE DEPARTMENT OF THE ARMY REFERS TO HIM AS A MEMBER OF THE PHILIPPINE ARMY. IT IS NOT REPORTED THAT HE EVER BECAME A MEMBER OF THE ARMY OF THE UNITED STATES AND WE MAY NOT ACCEPT THE UNSUPPORTED AFFIDAVIT OF SERGEANT BALANAY, MADE LONG AFTER THE EVENT AVERRED TO, AS ESTABLISHING THAT YOUR SON WAS A MEMBER OF THE ARMY OF THE UNITED STATES AT THE TIME OF HIS DEATH SO AS TO ENTITLE HIM TO THE BURIAL BENEFITS AUTHORIZED FOR MEMBERS OF THE ARMY OF THE UNITED STATES.

IN THIS CONNECTION ALL THE ORGANIZED MILITARY FORCES OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES WERE CALLED AND ORDERED INTO THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES BY MILITARY ORDER OF THE PRESIDENT OF THE UNITED STATES DATED JULY 26, 1941, 6 F.R. 3825. THESE PHILIPPINE MILITARY FORCES, HOWEVER, DID NOT BECOME MEMBERS OF THE ARMY OF THE UNITED STATES UNDER THAT CALL AND ORDER, BUT CONTINUED TO SERVE AS PHILIPPINE MILITARY FORCES AND THEIR PAY AND ALLOWANCES AND OTHER BENEFITS WERE THE RESPONSIBILITY OF THE PHILIPPINE GOVERNMENT. UNDER CERTAIN UNITED STATES APPROPRIATION ACT PROVISIONS THE UNITED STATES REIMBURSED THE PHILIPPINE GOVERNMENT FOR THE COSTS INCURRED WHILE ITS MILITARY FORCES WERE SERVING IN THE ARMED FORCES OF THE UNITED STATES, BUT DIRECT PAYMENTS TO INDIVIDUAL MEMBERS OF THE PHILIPPINES ARMY WERE NOT AUTHORIZED, AND, BY THE ACT OF FEBRUARY 18, 1946, 60 STAT. 6, AS AMENDED, 38 U.S.C. 38, THE UNITED STATES CONGRESS PROVIDED, IN MATERIAL PART, THAT (QUOTING FROM 38 U.S.C. 38):

"SERVICE IN THE ORGANIZED MILITARY FORCES OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES, WHILE SUCH FORCES WERE IN THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES PURSUANT TO THE MILITARY ORDER OF THE PRESIDENT OF THE UNITED STATES DATED JULY 26, 1941, SHALL NOT BE DEEMED TO BE OR TO HAVE BEEN SERVICE IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES OR ANY COMPONENT THEREOF FOR THE PURPOSES OF ANY LAW OF THE UNITED STATES CONFERRING RIGHTS, PRIVILEGES, OR BENEFITS UPON ANY PERSON BY REASON OF THE SERVICE OF SUCH PERSON OR THE SERVICE OF ANY OTHER PERSON IN THE MILITARY OF NAVAL FORCES OF THE UNITED STATES OR ANY COMPONENT THEREOF, EXCEPT BENEFITS UNDER (1) THE NATIONAL SERVICE LIFE INSURANCE ACT OF 1940, AS AMENDED, UNDER CONTRACTS HERETOFORE ENTERED INTO, (2) LAWS ADMINISTERED BY THE VETERANS' ADMINISTRATION PROVIDING FOR THE PAYMENT OF COMPENSATION OR DEPENDENCY AND INDEMNITY COMPENSATION ON ACCOUNT OF SERVICE-CONNECTED DISABILITY OR DEATH, AND (3) THE MISSING PERSONS ACT AS AMENDED * * *.'

IT WILL BE SEEN THAT UNDER SUCH STATUTE CERTAIN VETERANS' DEATH BENEFITS MAY BE PAID TO SURVIVORS OF PHILIPPINE ARMY SOLDIERS WHO SERVED IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES AND APPARENTLY YOU ARE RECEIVING THESE VETERANS' BENEFITS. UNDER THE LAW, HOWEVER, THE PAYMENT OF BURIAL BENEFITS BY THE UNITED STATES INCIDENT TO THE DEATH OF YOUR SON IS NOT AUTHORIZED AND ANY CLAIM WHICH YOU MAY HAVE FOR SUCH BENEFITS WOULD APPEAR TO BE A CLAIM AGAINST THE PHILIPPINE GOVERNMENT.

ACCORDINGLY, WE TRUST YOU WILL UNDERSTAND THAT THIS OFFICE MAY NOT GIVE FAVORABLE CONSIDERATION TO YOUR CLAIM.