Alpuerto v. United States

Laramore, Judge,

delivered tbe opbiion of the court;

Plaintiff seeks to recover additional pay and allowances as a member of tbe Philippine Scouts while serving with the Philippine Army, Cebu Area Command, during the period from April 16, 1942, to March 25, 1946, due to alleged promotions while so serving. He claims entitlement under the Missing Persons Act, 71 Stat. 491.

Defendant has filed a motion for summary judgment, and two questions are presented: (1) Is plaintiff’s claim barred *271by tbe statute of limitations, 28 U.S.C. § 2501, and (2) is the administrative determination of plaintiff’s…