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B-142345, APR. 25, 1960

B-142345 Apr 25, 1960
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YOU WERE ADVISED IN OUR SETTLEMENT THAT THE DEPARTMENT OF THE NAVY REPORTED YOU WERE A CREW MEMBER OF THE TUG "RANGER" ON DECEMBER 10. YOUR RATING WAS SAILOR AT 60 PESOS PER MONTH AND THE PAYROLL DATED MARCH 17. IT IS CLEAR THAT YOU HAVE BEEN PAID FOR YOUR SERVICES DURING THE PERIOD DECEMBER 10. THE DEPARTMENT OF THE NAVY HAS REPORTED THAT IT IS UNABLE TO LOCATE ANY RECORDS OR DOCUMENTS TO SHOW THAT THE "RANGER" REMAINED UNDER THE JURISDICTION OF THE NAVY AFTER FEBRUARY 28. THERE IS NO BASIS UPON WHICH THE NAVY COULD RECOMMEND PAYMENT OF THIS PORTION OF YOUR CLAIM. THE NAVY ALSO REPORTS THAT YOU WERE A CASUALLY HIRED EMPLOYEE AND THEREFORE YOU ARE NOT COVERED BY THE PROVISIONS OF THE MISSING PERSONS ACT.

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B-142345, APR. 25, 1960

TO MR. ALFREDO M. JACINTO:

ON FEBRUARY 25, 1960, YOU REQUESTED REVIEW OF OUR SETTLEMENT DATED JANUARY 7, 1960, WHICH DISALLOWED YOUR CLAIM FOR SERVICES AS A CREW MEMBER OF THE TUG "RANGER" DURING THE PERIOD DECEMBER 10, 1941, TO MAY 6, 1942.

YOU WERE ADVISED IN OUR SETTLEMENT THAT THE DEPARTMENT OF THE NAVY REPORTED YOU WERE A CREW MEMBER OF THE TUG "RANGER" ON DECEMBER 10, 1941, WHEN THE NAVY COMMANDEERED THE VESSEL FROM THE LUZON STEVEDORING COMPANY, MANILA, PHILIPPINES. YOUR RATING WAS SAILOR AT 60 PESOS PER MONTH AND THE PAYROLL DATED MARCH 17, 1942, SHOWS THAT YOU ACKNOWLEDGED RECEIPT OF WAGES FROM KNUT ENGESET, THE COMMANDING OFFICER OF THE TUG, IN THE AMOUNT OF 162 PESOS OR $81.00 COVERING THE PERIOD DECEMBER 10, 1941, THROUGH FEBRUARY 28, 1942. THEREFORE, IT IS CLEAR THAT YOU HAVE BEEN PAID FOR YOUR SERVICES DURING THE PERIOD DECEMBER 10, 1941, THROUGH FEBRUARY 28, 1942.

CONCERNING YOUR CLAIM FOR SERVICES FROM MARCH 1, TO MAY 6, 1942, THE DEPARTMENT OF THE NAVY HAS REPORTED THAT IT IS UNABLE TO LOCATE ANY RECORDS OR DOCUMENTS TO SHOW THAT THE "RANGER" REMAINED UNDER THE JURISDICTION OF THE NAVY AFTER FEBRUARY 28, 1942, AND, THEREFORE,THERE IS NO BASIS UPON WHICH THE NAVY COULD RECOMMEND PAYMENT OF THIS PORTION OF YOUR CLAIM. THE NAVY ALSO REPORTS THAT YOU WERE A CASUALLY HIRED EMPLOYEE AND THEREFORE YOU ARE NOT COVERED BY THE PROVISIONS OF THE MISSING PERSONS ACT.

IN THE ABSENCE OF OFFICIAL RECORDS TO SHOW THAT THE TUG,"RANGER" CONTINUED UNDER THE JURISDICTION OF THE UNITED STATES AND THAT YOU CONTINUED TO PERFORM SERVICES ON THE TUG AFTER FEBRUARY 28, 1942, THERE IS NO ACTION OUR OFFICE MAY TAKE ON THE PORTION OF YOUR CLAIM FOR SERVICES FROM MARCH 1 TO MAY 6, 1942.

THEREFORE, THE CONCLUSION REACHED IN OUR SETTLEMENT CERTIFICATE OF JANUARY 7, 1960, TO YOU, IS CORRECT AND ON THE PRESENT RECORD IT MUST BE SUSTAINED.

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