B-145700, MAY 18, 1961

B-145700, MAY 18, 1961

TO MR. ANDREW FRIOLO:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 6, 1961, RELATIVE TO YOUR CLAIM FOR ADDITIONAL AMOUNTS BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE AS A NATIVE SHIP'S COOK SECOND CLASS IN THE INSULAR FORCE OF THE UNITED STATES NAVY, DURING THE PERIOD FROM OCTOBER 17, 1940, TO JUNE 30, 1942.

BY SETTLEMENT ISSUED FEBRUARY 10, 1961, BY THE CLAIMS DIVISION OF THIS OFFICE, YOU WERE ADVISED THAT PRIOR TO JUNE 1, 1942, MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS OF MEMBERS OF THE INSULAR FORCE WAS PAYABLE ON AN ACTUAL EXPENSE BASIS AND IN THE ABSENCE OF A SHOWING OF YOUR FAMILY'S ACTUAL EXPENSES FOR QUARTERS NO AMOUNT COULD BE ALLOWED FOR THE PERIOD FROM OCTOBER 17, 1940, TO MAY 5, 1942. YOU WERE FURTHER ADVISED THAT THE PORTION OF YOUR CLAIM COVERING THE MONTH OF JUNE 1942 HAD BEEN INCLUDED IN A PAYMENT MADE BY THE DEPARTMENT OF THE NAVY ON AUGUST 5, 1947, AND, BECAUSE OF INCOMPLETE RECORDS, THAT DEPARTMENT WOULD MAKE NO PAYMENT FOR THE PERIOD FROM MAY 6 TO MAY 30, 1942, THEIR DETERMINATION FOR SUCH PERIOD BEING CONCLUSIVE PURSUANT TO THE PROVISIONS OF THE MISSING PERSONS ACT OF MARCH 7, 1942, AS AMENDED.

IN YOUR LETTER YOU HAVE NOT CONTESTED ANY OF THE REASONS GIVEN BY OUR CLAIMS DIVISION FOR THE DISALLOWANCE OF YOUR CLAIM BUT, IN REQUESTING RECONSIDERATION, HAVE RESUBMITTED SUBSTANTIALLY THE SAME INFORMATION ORIGINALLY GIVEN IN YOUR CLAIM. THE PRINCIPAL REASON GIVEN IN SUPPORT OF YOUR REQUEST FOR PAYMENT OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS IS STATED AS FOLLOWS:

"THAT UNDER THE PROVISIONS OF SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940 MEMBERS OF THE INSULAR FORCE OF THE NAVY, OTHERWISE MEETING THE CONDITIONS OF THE ACT OF OCTOBER 17, 1940, RELATING TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS OF ENLISTED MEN, WERE ENTITLED TO THE BENEFITS PROVIDED FOR PHILIPPINE SCOUTS UNDER SECTION 2 (B) OF EXECUTIVE ORDER NO. 8688 DATED 19 FEBRUARY, 1941, PROMULGATED PURSUANT TO SAID ACT.'

THIS APPEARS TO BE A RESTATEMENT OF ONE OF THE CONCLUSIONS IN OUR DECISION DATED MARCH 17, 1941, 20 COMP. GEN. 522; HOWEVER, THE PROCEDURE FOR THE CREDITING OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS IN THE CASE OF ENLISTED MEMBERS OF THE INSULAR FORCE FOR THE PORTION OF YOUR CLAIM FROM OCTOBER 17, 1940, TO MAY 5, 1942, INCLUDING THE EVIDENCE REQUIRED TO SUBSTANTIATE SUCH CREDITS, WAS SET FORTH IN A LETTER OF THE BUREAU OF SUPPLIES AND ACCOUNTS TO COMMANDER IN-CHIEF ASIATIC FLEET DATED OCTOBER 21, 1941, WHICH READS AS FOLLOWS:

"1. ENLISTED MEN OF THE INSULAR FORCE OF THE FIRST THREE PAY GRADES ARE ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS PROVIDED BY THE ACT OF OCTOBER 17, 1940, UNDER THE CONDITIONS SET FORTH IN EXECUTIVE ORDER NO. 8688 DATED FEBRUARY 19, 1941, ON THE BASIS OF ACTUAL EXPENSES FOR LODGING NOT TO EXCEED FIFTY CENTS A DAY. SUCH PAYMENTS WILL BE SUBSTANTIATED BY THE SAME VOUCHERS REQUIRED TO SUBSTANTIATE PAYMENTS OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS IN THE CASE OF ENLISTED MEN IN THE REGULAR NAVY, AND IN ADDITION A COMMANDING OFFICER'S ORDER EACH MONTH DIRECTING PAYMENT OF A SPECIFIED AMOUNT TO EACH ENLISTED MAN ENTITLED TO REIMBURSEMENT FOR ACTUAL EXPENSES OF LODGING.

"2. THE MAN WILL BE REQUIRED TO SUBMIT RECEIPTS, OR SUCH OTHER EVIDENCE AS HIS COMMANDING OFFICER MAY REQUIRE, AT THE END OF EACH CALENDAR MONTH SHOWING THE AMOUNT EXPENDED FOR LODGING FOR HIS DEPENDENTS. * * *"

FROM THE FOREGOING, IT IS CLEAR THAT PAYMENT OF THE MONEY ALLOWANCE FOR QUARTERS FOR YOUR DEPENDENTS IS LIMITED TO THE ACTUAL AMOUNT (NOT EXCEEDING 50 CENTS A DAY) EXPENDED FOR LODGING FOR YOUR FAMILY AND SUCH PAYMENT MUST BE SUPPORTED BY EVIDENCE SUCH AS RECEIPTS SHOWING THE AMOUNT EXPENDED.

THE FILE DOES NOT CONTAIN ANY EVIDENCE SHOWING THE ACTUAL AMOUNT EXPENDED FOR LODGING FOR YOUR DEPENDENTS DURING THE PERIOD OCTOBER 17, 1940, TO MAY 5, 1942. HENCE, UNLESS AND UNTIL THERE ARE FURNISHED RENT RECEIPTS OR OTHER ACCEPTABLE EVIDENCE SHOWING THE AMOUNT ACTUALLY EXPENDED EACH MONTH FOR THE LODGING OF YOUR FAMILY DURING THIS PERIOD, THERE IS NO BASIS UPON WHICH WE MAY DETERMINE WHAT AMOUNT, IF ANY, IS AUTHORIZED TO BE PAID TO YOU AS MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS.

AS STATED IN THE SETTLEMENT OF FEBRUARY 10, 1961, THE RECORDS SHOW THAT YOU WERE IN A MISSING STATUS FROM MAY 6, 1942, TO APRIL 6, 1945, AND UNDER THE PROVISIONS OF THE MISSING PERSONS ACT OF MARCH 7, 1942, AS AMENDED, THE DEPARTMENTAL DETERMINATIONS WITH RESPECT TO CREDITS AND CHARGES IN YOUR ACCOUNT FOR SUCH PERIOD ARE CONCLUSIVE. ACCORDINGLY, THE DETERMINATION BY THE DEPARTMENT OF THE NAVY THAT NO PAYMENT WOULD BE MADE ON YOUR CLAIM FOR THE PERIOD MAY 6, 1942, TO MAY 31, 1942, DURING WHICH TIME YOU WERE IN A MISSING STATUS, IS NOT SUBJECT TO REVIEW BY THIS OFFICE. YOU WERE FURTHER ADVISED IN THE SETTLEMENT THAT PAYMENT OF THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR YOUR DEPENDENTS FOR THE MONTH OF JUNE 1942 WAS INCLUDED IN THE PAYMENT OF SUCH ALLOWANCE MADE BY THE DEPARTMENT OF THE NAVY ON AUGUST 5, 1947, COVERING THE PERIOD JUNE 1, 1942, THROUGH APRIL 6, 1945. HENCE, NO FURTHER AMOUNT APPEARS TO BE DUE FOR THAT MONTH BUT ANY FURTHER INQUIRY WITH RESPECT TO THAT PERIOD SHOULD BE ADDRESSED TO THE UNITED STATES NAVY FINANCE CENTER, CLEVELAND 14, OHIO.

IN CONNECTION WITH YOUR STATEMENT THAT ABOUT NOVEMBER 1941 YOU SUBMITTED A CLAIM FOR PAYMENT OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS WHICH WAS FORWARDED BY YOUR COMMANDING OFFICER TO THE DISBURSING OFFICER AT THE RECEIVING STATION OF THE CAVITE NAVY YARD, YOU ARE ADVISED THAT A THOROUGH CHECK OF THE RECORDS OF THIS OFFICE FAILS TO REVEAL ANY REFERENCE TO SUCH CLAIM OR THE SUBMISSION OF ANY EVIDENCE OF THE AMOUNTS PAID FOR LODGING FOR YOUR DEPENDENTS IN SUPPORT THEREOF.

ACCORDINGLY, BASED UPON THE PRESENT RECORD, THE SETTLEMENT OF FEBRUARY 10, 1961, IS SUSTAINED.