B-118417, SEP. 29, 1966

B-118417, SEP. 29, 1966

TO MR. REINALDO S. BERTULFO:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 25, 1966, REQUESTING RECONSIDERATION OF OUR DECISION DATED JULY 21, 1966, CONCERNING YOUR CLAIM FOR ARREARS OF PAY FOR SERVICE IN THE PHILIPPINE SCOUTS AND THE ARMY OF THE UNITED STATES FROM MARCH 1942 TO JANUARY 1946, BASED ON YOUR BELIEF THAT YOU WERE ENTITLED TO THE PAY OF THE GRADE OF SPECIALIST, FIFTH CLASS, DURING THAT PERIOD.

IN THAT DECISION, WE ADVISED YOU THAT YOUR PAY RECORDS SHOWED THAT YOU WERE PROPERLY PAID ALL THE PAY, INCLUDING SPECIALIST, FIFTH CLASS, PAY, TO WHICH YOU WERE ENTITLED, FINAL PAYMENT OF YOUR CLAIM HAVING BEEN MADE BY CHECK NO. 17,373, DATED SEPTEMBER 29, 1959, IN THE AMOUNT OF $466.28. YOU CONTEND THAT THIS AMOUNT DID NOT INCLUDE THE SPECIALIST, FIFTH CLASS, PAY TO WHICH YOU WERE ENTITLED FOR THE PERIOD MARCH 1 TO JUNE 24, 1942. HOWEVER, SUCH PAY WAS INCLUDED IN THAT CHECK, AS SHOWN BY THE FOLLOWING SUMMARY OF YOUR MILITARY PAY ACCOUNT FROM DECEMBER 1, 1941, TO APRIL 23, 1945, PLUS ADDITIONAL AMOUNTS ALLOWED AS PFC, RA, AFTER APRIL 24, 1945:

CHART

CREDITS

BASE PAY PFC, PS. DECEMBER 1, 1941, TO FEBRUARY 28, 1942,

AT $11 PER MONTH $ 33.00

PFC-SPEC., 5TH CLASS, MARCH 1, 1942, TO JUNE 24,

1942, AT $14.50 PER MONTH 55.10

BASE PAY PFC, PS, JUNE 25, 1942, TO FEBRUARY 4, 1944,

AT $11 PER MONTH 212.67

PFC O/3 FEBRUARY 5, 1944, TO APRIL 23, 1945, AT

$11.55 PER MONTH 169.02

DIFFERENCE BETWEEN PFC, PS, O/0 AND O/3, APRIL 24, 1945 .02

DIFFERENCE BETWEEN PFC, RA, O/0 AND O/3, JANUARY 1-21, 1946 1.89

DIFFERENCE BETWEEN PFC, RA, O/0 AND O/3, 69-1/2 DAYS

TERMINAL LEAVE 6.26

50 DAYS ADDITIONAL LEAVE, PFC, RA, O/3, AT $56.70 PER MONTH 94.50

SUBSISTENCE 50 DAYS ADDITIONAL LEAVE AT $0.70 PER DAY 35.00

$607.46

DEBITS

CLASS N ALLOTMENT, $1.98, JANUARY 1, 1942, TO APRIL 30,

1945 $ 79.20

ADVANCE PREMIUM ON INSURANCE 1.98

PARTIAL PAYMENT 60.00

$141.18

TOTAL CREDITS, CHECK NO. 17,373 ISSUED SEPTEMBER

29, 1959 $466.28

CONCERNING YOUR REQUEST FOR AN EXPLANATION AS TO WHY YOUR COMRADES WERE ALLOWED TO HOLD THEIR SPECIALIST RATINGS BEYOND JUNE 24, 1942, AND LATER WERE PERMITTED TO ENLIST IN THE ARMY OF THE UNITED STATES IN COMPARABLE GRADES, AND ALSO WHY YOU WERE REQUIRED TO SUBMIT PROOF OF YOUR SPECIALIST RATING, IF SUCH INFORMATION WAS TO SERVE NO PURPOSE, YOU ARE ADVISED THAT THIS OFFICE HAS NO KNOWLEDGE THAT ANY PERSON IN A SITUATION SIMILAR TO YOURS RETAINED HIS SPECIALIST RATING BEYOND JUNE 24, 1942. PRESUMABLY, YOU WERE ASKED TO FURNISH PROOF AS TO YOUR SPECIALIST RATING BECAUSE OF A LACK OF INFORMATION AS TO SUCH RATING. ONLY SPECIALISTS IN THE FIFTH AND SIXTH CLASSES LOST THEIR SPECIALIST (OR COMPARABLE) RATINGS IN JUNE 1942. PRIVATES, FIRST CLASS, HOLDING SPECIALIST RATINGS IN THE FIRST TWO CLASSES WERE GIVEN A NEW RATING OF TECHNICIAN, FOURTH GRADE, AND THOSE IN THE THIRD AND FOURTH CLASSES WERE GIVEN A NEW RATING OF TECHNICIAN, FIFTH GRADE. SEE WAR DEPARTMENT CIRCULAR NO. 204, 1942. THE ARMY DETERMINED THAT YOUR RATING WAS THAT OF A PRIVATE, FIRST CLASS, AFTER JUNE 24, 1942, IN ACCORDANCE WITH APPLICABLE REGULATIONS.

YOUR LETTER OF AUGUST 25, 1966, DOES NOT PRESENT ANY MATTER NOT PREVIOUSLY CONSIDERED BY THIS OFFICE AND ACCORDINGLY WE MUST ADHERE TO THE ACTION TAKEN IN OUR DECISION OF JULY 21, 1966.