B-162671, NOV. 28, 1967

B-162671, NOV. 28, 1967

ARMED SERVICES - PAY - WORLD WAR II SERVICE DECISION TO CLAIMANT RE CLAIM FOR BACK PAY FOR GUERRILLA SERVICE WITH CHINESE OVERSEAS MILITIA IN PHILIPPINE ISLANDS DURING WORLD WAR II. INDIVIDUAL IS ADVISED THAT CLAIM FOR ARREARS IN PAY FOR SERVICE AS A MEMBER OF A RECOGNIZED PHILIPPINE GUERRILLA UNIT SHOULD BE SUBMITTED TO PHILIPPINE GOVERNMENT.

TO MR. CO KENG TUAN

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 22, 1967, WITH ENCLOSURES, CONCERNING YOUR CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED TO BE DUE INCIDENT TO YOUR GUERRILLA SERVICE WITH THE CHINESE OVERSEAS WARTIME HSEUHKAN MILITIA IN THE PHILIPPINE ISLANDS DURING WORLD WAR II.

OUR FILE SHOWS THAT THIS MATTER WAS THE SUBJECT OF LETTERS FROM OUR CLAIMS DIVISION DATED DECEMBER 21, 1960, AND MARCH 30, 1967, WHICH ADVISED YOU THAT YOUR CLAIM WAS BARRED FROM CONSIDERATION BY THIS OFFICE BY VIRTUE OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH REQUIRE THAT EVERY CLAIM OR DEMAND OF AN INDIVIDUAL AGAINST THE UNITED STATES COGNIZABLE BY OUR OFFICE, MUST BE RECEIVED HERE WITHIN 10 YEARS AFTER SUCH CLAIM FIRST ACCRUED. IN A LETTER FROM OUR CLAIMS DIVISION DATED AUGUST 10, 1967, YOU WERE ADVISED THAT ANY CLAIM YOU MAY HAVE FOR UNPAID ARREARS-IN-PAY FOR SERVICE PERFORMED AS A MEMBER OF A RECOGNIZED PHILIPPINE GUERRILLA UNIT, UNDER THE PROVISIONS OF A RECENT AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES RELATING TO THIS MATTER, MUST BE FILED WITH THE PHILIPPINE GOVERNMENT.

YOU NOW STATE THAT YOU AND MOST OF THE LIVING CHINESE GUERRILLAS IN THE PHILIPPINES FILED CLAIMS UNDER THE "PHILIPPINE BACK PAY" LAW, REPUBLIC ACT 897, BUT THAT SUCH CLAIMS HAVE NOT BEEN RECOGNIZED TO DATE. YOU EXPRESS THE BELIEF THAT UNDER AN AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES MADE IN DECEMBER 1966, THE GOVERNMENT OF THE UNITED STATES AGREED TO PAY SUCH CLAIMS.

WE ARE NOT AWARE OF THE EXISTENCE OF ANY AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES MADE IN DECEMBER 1966 CONCERNING THESE MATTERS, OR ANY OTHER AGREEMENT OR STATUTE WHICH CALLS FOR PAYMENT DIRECTLY TO THE INDIVIDUALS INVOLVED. PRESUMABLY YOU REFER TO THE AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES ENTITLED "SETTLEMENT OF VETERANS CLAIMS," WHICH BECAME EFFECTIVE ON JUNE 29, 1967. THAT AGREEMENT PROVIDES FOR THE PAYMENT OF FUNDS BY THE UNITED STATES TO THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES IN FULL SETTLEMENT OF VARIOUS CLAIMS FOR BACK PAY AND ALLOWANCES ARISING FROM MILITARY SERVICE BY MEMBERS OF THE PHILIPPINE ARMED FORCES AND GUERRILLAS DURING WORLD WAR II. SECTIONS 3 AND 4 PROVIDE THAT INDIVIDUAL PAYMENTS SHALL BE MADE BY THE PHILIPPINE GOVERNMENT TO ALL RECOGNIZED GUERRILLAS NOT PREVIOUSLY PAID, WHOSE NAMES APPEAR ON THE UNITED STATES APPROVED REVISED FINAL ROSTER OF GUERRILLA FORCES OF MARCH 1948.

IF YOU HAVE A VALID CLAIM FOR PAYMENT OUT OF THE ABOVE-MENTIONED FUNDS SUCH CLAIM SHOULD BE SUBMITTED TO THE PHILIPPINE GOVERNMENT. WE KNOW OF NO OTHER AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, YOU ARE AGAIN ADVISED THAT THERE IS NO FURTHER ACTION WHICH THIS OFFICE MAY TAKE IN THIS MATTER.