B-167503, AUG. 21, 1969

B-167503, AUG. 21, 1969

MILITARY - MUSTERING-OUT PAY - WORLD WAR II SERVICE DECISION REVIEWING ACTION ON CLAIM FOR MUSTERING-OUT PAY FOR SERVICE DURING WORLD WAR II. SINCE SERVICE WAS PERFORMED AS MEMBER OF PHILIPPINE ARMY IT DOES NOT COME UNDER MUSTERING-OUT PAYMENT ACT OF 1944. CLAIMS FOR PAY AND ALLOWANCES FOR SERVICE IN FORCES OF PHILIPPINES IN WORLD WAR II ARE FOR HANDLING BY PHILIPPINE GOVERNMENT.

TO MR. PANFILO A. BARCENAS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 26, 1969, IN EFFECT REQUESTING REVIEW OF THE ACTION HERETOFORE TAKEN ON YOUR CLAIM FOR MUSTERING-OUT PAY IN THE AMOUNT OF $3,600 BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE DURING WORLD WAR II.

YOU REFER TO PUBLIC LAW 88-263 AND THE PROVISIONS OF TM 14-502, (REGULATIONS WHICH RELATE TO THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, AS AMENDED, 38 U.S.C. 691, ET SEQ. (1946 ED.) (, UNDER WHICH YOU BELIEVE THAT YOU ARE ENTITLED TO RECEIVE MUSTERING-OUT PAY.

THE MUSTERING-OUT PAYMENT ACT OF 1944 AUTHORIZED THE PAYMENT OF MUSTERING -OUT PAY TO MEMBERS OF THE ARMED FORCES WHO ENGAGED IN ACTIVE SERVICE FOR VARIOUS PERIODS OF TIME DURING WORLD WAR II. SECTION 6 (A) OF THAT ACT DEFINES THE TERM "MEMBER OF THE ARMED FORCES" TO MEAN--

"* * * ANY MEMBER OF THE ARMY OR NAVY OF THE UNITED STATES, THE UNITED STATES MARINE CORPS, THE UNITED STATES COAST GUARD OR ANY OF THEIR RESPECTIVE COMPONENTS * * *.'

INFORMATION RECEIVED FROM THE OFFICE OF THE ADJUTANT GENERAL, UNITED STATES ARMY, REVEALS THAT THE SERVICE YOU PERFORMED WAS NOT AS A MEMBER OF ONE OF THE ORGANIZATIONS MENTIONED ABOVE, BUT RATHER AS A MEMBER OF THE PHILIPPINE ARMY. HENCE, NO RIGHT TO MUSTERING-OUT PAY ACCRUED TO YOU UNDER ANY OF THE PROVISIONS OF LAW RELATING THERETO. WE ARE NOT AWARE OF ANY LAW WHICH WOULD ENTITLE YOU, AS A MEMBER OF THE PHILIPPINE ARMY SERVING WITH THE USAFFE, TO RECEIVE MUSTERING-OUT PAY DIRECTLY FROM THE UNITED STATES GOVERNMENT.

FUNDS FOR PAYMENT OF ITEMS OF PAY AND ALLOWANCES AUTHORIZED FOR MEMBERS OF THE ORGANIZED MILITARY FORCES OF THE COMMONWEALTH OF THE PHILIPPINES, SERVING IN WORLD WAR II, WERE APPROPRIATED BY THE UNITED STATES GOVERNMENT AND TRANSFERRED TO THE PHILIPPINE GOVERNMENT FOR PAYMENT. IN THIS REGARD, AN AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF THE PHILIPPINES ENTITLED ,SETTLEMENT OF VETERANS CLAIMS" BECAME EFFECTIVE ON JUNE 29, 1967. THAT AGREEMENT PROVIDED 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 ARMY AND RECOGNIZED PHILIPPINE GUERILLAS DURING WORLD WAR II WHO HAD NOT BEEN PREVIOUSLY PAID AND WHOSE NAMES APPEAR ON THE UNITED STATES-APPROVED REVISED FINAL ROSTER OF MARCH 1948.

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

ACCORDINGLY, YOU ARE ADVISED THAT THERE IS NO ACTION WE LEGALLY MAY TAKE IN THIS MATTER.