B-149367, AUG. 13, 1962

B-149367, AUG. 13, 1962

TO MRS. ANITA E. VDA DE OLIVA:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 29, 1962, REQUESTING, RECONSIDERATION UNDER PUB.L. 85-217 APPROVED AUGUST 29, 1957, OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 29, 1947, COVERING CLAIM FOR ARREARS OF PAY DUE YOUR LATE HUSBAND, ARSENIO F. OLIVA, 6737231, PHILIPPINE SCOUTS, AT PRESUMPTIVE DATE OF DEATH, MARCH 31, 1946.

IN YOUR LETTER YOU STATE IN PART THAT "PAY AND ALLOWANCES PLUS RETIREMENT" PAID BY THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY TO THE ESTATE OF ARSENIO OLIVA (PS) "WAS STILL INSUFFICIENT" BECAUSE PHILIPPINE SCOUTS KILLED IN LINE OF DUTY WERE "FEDERALIZED" AND THAT THEREFORE THE ESTATE SHOULD RECEIVE "FEDERALIZED" PAY UNDER PUB.L. 85 217 AND THE AMOUNT PAID PREVIOUSLY FOR THE PERIOD FROM JANUARY 1, 1942, TO THE PRESUMPTIVE DATE OF DEATH "RE-DOUBLED.'

RECORDS SHOW THAT THE FULL AMOUNT OF ARREARS OF PAY DUE THE ESTATE OF ARSENIO F. OLIVA UNDER THE MISSING PERSONS ACT OF MARCH 7, 1942, PUB.L. 490, 56 STAT. 143, AS AMENDED, 50 U.S.C. APP. 1001-1015, WAS ALLOWED TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS ADMINISTRATOR, IN THE TOTAL AMOUNT OF $3,768.84, BY SETTLEMENTS DATED APRIL 29, 1947.

YOU ARE NOT A PROPER PARTY TO REQUEST REVIEW OF THE ACTION TAKEN BY THE CLAIMS DIVISION IN THE 1947 SETTLEMENTS, AS SECTION 58 OF TITLE 78, PHILIPPINE ANNOTATED LAWS, PROVIDES, AMONG OTHER THINGS, THAT MONIES UNDER THE LAWS OF THE UNITED STATES DUE THE ESTATES OF DECEASED FILIPINOS WHO WERE MEMBERS OF THE UNITED STATES ARMY, UNITED STATES NAVY OR THE PHILIPPINE SCOUTS SHALL BE ADMINISTERED BY THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES, OR HIS DULY AUTHORIZED REPRESENTATIVE.

HOWEVER, YOU MAY BE ADVISED THAT THE ACT OF AUGUST 29, 1957, PUB.L. 85- 217, 71 STAT. 491, 50 U.S.C. APP. 1002, AMENDED THE MISSING PERSONS ACT OF MARCH 7, 1942, IN NO PARTICULAR WHICH IS PERTINENT TO YOUR CLAIM. WHILE THIS ACT AMENDED THE MISSING PERSONS ACT OF 1942 IN CERTAIN PARTICULARS, THE 1957 AMENDMENT DID NOT PROVIDE FOR "FEDERALIZATION" OR FOR PAYMENT TO MEMBERS OF THE PHILIPPINE SCOUTS OF AMOUNT OF PAY EQUAL TO THE PAY AND ALLOWANCES OF MEMBERS OF THE ARMY OF THE UNITED STATES, OR FOR ADDITIONAL BENEFITS PAYABLE AS RETIREMENT PAY TO THE ESTATE OF A DECEASED PHILIPPINE SCOUT WHOSE PRESUMPTIVE DATE OF DEATH OCCURRED PRIOR TO HIS BECOMING ENTITLED TO RETIRED PAY.

THE MISSING PERSONS ACT OF 1942, AS AMENDED, AUTHORIZES THE SECRETARY OF THE ARMY OR HIS DESIGNEE TO MAKE DETERMINATIONS AS TO THE MILITARY STATUS, THE RIGHT TO PAY AND ALLOWANCES, AND THE AMOUNT OF PAY AND ALLOWANCES DUE IN THE CASES OF MEMBERS OF THE ARMY DURING A PERIOD WHEN SUCH PERSONS ARE IN A CASUALTY STATUS UNDER THE ACT. SUCH DETERMINATIONS ARE FINAL AND CONCLUSIVE. SEE SECTION 9 OF THE ACT AND MORENO V. UNITED STATES, 118 CT.CL. 30, FERRER V. UNITED STATES, 132 CT.CL. 422; LOGRONIO V. UNITED STATES, 132 CT.CL. 596. IT WAS PURSUANT TO A DETERMINATION BY THE DEPARTMENT OF THE ARMY UNDER SUCH STATUTE THAT OUR CLAIMS DIVISION ISSUED THE 1947 SETTLEMENTS IN FAVOR OF THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, ALLOWING THE AGGREGATE AMOUNT OF $3,768.84.

IF THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES BELIEVES THAT A FURTHER SUM IS DUE THE ESTATE OF YOUR LATE HUSBAND AS PAY AND ALLOWANCES, HE MAY COMMUNICATE WITH THE CHIEF, SETTLEMENTS DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, IN THAT REGARD.