B-174000, DEC 8, 1971

B-174000, DEC 8, 1971

MILITARY PERSONNEL - CLAIM DENIED DECISION SUSTAINING CLAIMS DIVISION DENIAL OF A CLAIM OF FORTUNATO G. BAUTISTA FOR ACCRUED MONETARY BENEFITS BELIEVED TO BE DUE INCIDENT TO SERVICE IN THE ARMY OF THE UNITED STATES DURING THE PERIOD SEPT. 6, 1946, THROUGH MAR. 8, 1949. SINCE THE AVAILABLE RECORDS INDICATE THAT CLAIMANT RECEIVED ALL THE BENEFITS DUE HIM, AND IN VIEW OF THE PRESUMPTION THAT HE WAS PAID AS AUTHORIZED, THERE IS NO BASIS FOR ALLOWING THE CLAIM.

TO MR. FORTUNATO G. BAUTISTA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 14, 1971, IN EFFECT REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR ACCRUED MONETARY BENEFITS BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES (AUS), DURING THE PERIOD SEPTEMBER 6, 1946, THROUGH MARCH 8, 1949.

THIS MATTER WAS THE SUBJECT OF SETTLEMENT BY OUR CLAIMS DIVISION, DATED MAY 5, 1969, WHICH DISALLOWED YOUR CLAIM BASED ON THE NONAVAILABILITY OF RECORDS WHICH WOULD ESTABLISH OR REFUTE YOUR ENTITLEMENT, INDICATING THAT PRIOR CORRESPONDENCE TO YOU HAD REQUESTED THAT YOU SUBMIT COPIES OF ORDERS WHICH MIGHT ESTABLISH YOUR RIGHT TO ADDITIONAL BENEFITS.

SINCE YOU NOW STATE THAT ALL OF YOUR COPIES OF SUCH RECORDS WERE DESTROYED BY FIRE IN 1966, WE HAVE ATTEMPTED TO SECURE ALL THE RECORDS WHICH MIGHT BE AVAILABLE IN YOUR CASE. WE HAVE SUCCEEDED IN LOCATING ONLY THAT PORTION OF YOUR PAY RECORDS COVERING THE PERIOD DECEMBER 1, 1946, THROUGH MARCH 8, 1949, THE DATE OF YOUR DISCHARGE FROM THE UNITED STATES ARMY. APPARENTLY OTHER PORTIONS OF YOUR RECORDS ARE NOW UNAVAILABLE DUE TO THE OLD RECORDS DISPOSAL PROGRAM UNDERTAKEN PURSUANT TO LAW. SEE CHAPTER 10, TITLE 44, U.S.C.

THE FOLLOWING IS A STATEMENT OF YOUR PAY ACCOUNT FOR THAT PERIOD SHOWING ALL AMOUNTS TO WHICH THOSE PAY RECORDS INDICATE THAT YOU WERE ENTITLED TO RECEIVE, INCLUDING ALL PROPER CHARGES REQUIRED TO BE MADE AGAINST THAT ACCOUNT.

CREDITS

PAY AS A 2ND LIEUTENANT

$180 PER MONTH, 12/1/46 TO

9/2/48 (21 MONTHS, 2 DAYS) $3,792.00

PAY AS A 1ST LIEUTENANT

$200 PER MONTH, 9/3/48 TO

3/8/49 (6 MONTHS, 6 DAYS) 1,240.00

FOREIGN SERVICE PAY

12/1/46 TO 9/2/48, $18

PER MONTH 379.20

9/3/48 TO 3/8/49, $20

PER MONTH 124.00 503.20

RENTAL ALLOWANCE

12/1/46 TO 9/2/48 $60

PER MONTH 1,264.00

9/3/48 TO 3/8/49, $75

PER MONTH 465.00 1,729.00

SUBSISTENCE

12/1/46 TO 3/8/49 (829 DAYS)

$1.40 PER DAY 1,160.60

LUMP SUM LEAVE PAYMENT ON

DISCHARGE, 49 DAYS PAY $200

PER MONTH 326.67

49 DAYS FOREIGN SERVICE

DIFFERENTIAL 32.66

49 DAYS SUBSISTENCE ALLOWANCE 68.60

49 DAYS RENTAL ALLOWANCE 122.50 550.43

MUSTERING-OUT PAY 300.00

TOTAL CREDITS $9,275.23

DEBITS

MONTHLY VOUCHER PAYMENTS $8,438.66

FIELD RATIONS 351.90

PARTIAL PAYMENTS

NOVEMBER 1948 $ 100.00

FEBRUARY 1949 100.00 $200.00

MUSTERING-OUT PAYMENTS

MAY 1946 100.00

MARCH 1949 100.00

APRIL 1949 100.00 300.00

MISCELLANEOUS 52.00

TOTAL DEBITS $9,342.56

EXCESS DEBITS OVER CREDITS - AMOUNT OVERPAID $ 67.33

THE FOREGOING STATEMENT SHOWS THAT FOR THE PERIOD COVERED BY THAT STATEMENT YOU WERE NOT UNDERPAID BUT WERE PAID AN AMOUNT IN EXCESS OF THE PAY AND ALLOWANCES TO WHICH THOSE RECORDS INDICATE YOU WERE ENTITLED.

IN VIEW OF THE LENGTH OF TIME THAT HAS ELAPSED SINCE YOU SERVED IN THE ARMY AND THE PRESUMPTION THAT YOU WERE PAID IN FULL DURING YOUR MILITARY SERVICE IN THE ABSENCE OF EVIDENCE SHOWING OTHERWISE, IT MUST BE ASSUMED THAT YOU RECEIVED ALL SUMS TO WHICH YOU WERE ENTITLED INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

ACCORDINGLY, THERE IS NO FURTHER ACTION WHICH WE CAN TAKE IN THIS MATTER.