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Gonzales v. United States

Where claimant served in armed forces of Philippines Commonwealth during World War II, was captured, escaped, and then served as a guerrilla fighter, dismissal of action for quarters and subsistence allowances affirmed; claimant's service in Philippine military after it was ordered into service of U.S. Army was not "active military service" as term is used in application statute.

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Appealed from: United States Court of Federal Claims Judge Nancy B. Firestone

This case involves the inter-relationship between two federal statutes relating to benefits for persons who served in the armed forces of the Philippines Commonwealth during World War II. The first statute, enacted in 1946, provides that such service is not service in the United States Armed Forces for purposes of statutory rights and benefits for such service. 38 U.S.C. � 107(a). The second statute, enacted in 1998, provides for the payment of certain allowances to persons captured by Japanese forces in the Philippines who escaped and served as guerrilla fighters there.

The appellant Gonzales contends that the government’s refusal to pay him such allowances constitutes a taking of his property under the Fifth Amendment, for which he sought just compensation. The Court of Federal Claims dismissed his suit, ruling that because of � 107(a), Gonzales had no property interest in the allowances that the government could have taken. We affirm.

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