Dear Senator Feinstein:
On August 14,
2009 I received your letter dated May 4, 2009. Please accept my heartfelt gratitude, not only for your response, but most
important for taking action on my request when your staff contacted the Senate Committee on Veteran
Affairs. I also would like to take this opportunity to thank you and your staff on the consistent assistance rendered
to the Filipino WW11 U.S. veterans in their search for equity.
Allow me to inform
your Honor that the response your staff had received from the Senate Committee is very disconcerting because of the following
reasons:
“that all
claims are initially processed in Manila , since it must be first determined
that the claimant did not work with the Japanese during World War 11”
Facts are:
Fact #1
Claimants who are called the “new Philippine
Scouts” are natives of the Philippines , nationals of the
United States who were recruited to serve in U.S. occupied territories in the Pacific beginning October 6, 1945. As we already
know, Japan
formally and unconditionally surrendered on September 2, 1945, thus discounting the possibility that any of these claimants
worked with the Japanese. Incidentally these soldiers continued to serve in the U.S. Armed Forces
even after they had become citizens of the Philippines when she became
independent from the United States on
July 4, 1946
Fact #2
All claimants
who were granted citizenship by virtue of their military service when former President George H.W.
Bush signed the 1990 Immigration bill were already determined not to have worked for the Japanese under presumption
of law. This situation also applies to all claimants who were previously granted health and other benefits by the U.S. Veterans Administration (USVA) and were already found eligible based upon their status as U.S. veterans
Fact #3
The Commonwealth
of the Philippines soldiers were drafted by President
Roosevelt to the United States Army Forces Far East (USAFFE) on July 26, 1941 and all
were formally surrendered by the United States
to the Japanese Imperial forces in May 1942. Many became POWs of the Japanese Imperial forces
who subsequently paroled them on the condition that they will not bear arms against the Japanese occupying forces. These soldiers
although surrendered, did not surrender and although paroled did not go on parole, many becoming the guerillas who continued
fighting, so we may have the freedom we all enjoy in the free world today. Postwar, they were subjected to loyalty investigations
by the United States military.
Fact #4
Names of all Guerillas
listed in the Reconstructed Revised Guerilla Roster, (RRGR) 1948 list was submitted solely by the U.S.
command who had already determined that they had not worked with the Japanese, otherwise their names will not be kept by the
U.S. military all these past sixty years. Significantly excluded from the above mentioned list are the
names of those who fought against the Japanese, but differed politically from the U.S. command like the socialist Hukbalahaps.
Fact #5
Claimants had
already undergone numerous investigations. USVA do not need to reinvent the wheel every time, especially during this period
of public anxiety regarding waste of taxpayer’s resources.
Should there any
claimants left remaining to be determined if they ever worked for the Japanese after all the facts I had mentioned, may the
USVA kindly enlightened us how they are proceeding with the process? Japan
and the Philippines are the only two other
parties possessing information that USVA needed to determine who among the claimants worked for the Japanese. Since USVA would
not trust the lists coming from Japan and the Philippines and has to rely on the RRGR 1948 list on the custody of the Missouri military office which is the same RRGR 1948 available to USVA based in Manila and USVA based
in the United States, therefore there is no reasonable explanation that prevents USVA based in the United States to process
claims for those residing in the United States that will unclog the bottle neck currently experienced in claim processing
solely in USVA Manila. Additionally, since payment of the claim differs for U.S.
citizens and non-U.S. citizens would it be unreasonable to expect that the processing of claims is less problematic for those
who file in their own domicile?
Now, regarding
the other explanation that:
“the second
step of the process requires verification of qualifying service, which is determined by the National Personnel
Records Center . Currently,
only one person at the Center is qualified to verify these records, and the committee is encouraging the center to increase
the staffing level”
I found very discouraging
since news report consistently claimed that there is simply shortage of staff, it is ironic to find out that the problem is
more acute and there is only one brave soul performing this job.
The delay in processing
has been unreasonable and many claimants had died while their claims are pending. On March 8, 2009 I had communicated my concerns
to U.S. Ambassador Kenney. I actually had invoked the Katrina flood disaster as an example of what could happen to the processing
of the claims. I requested Ambassador Kenney to triage cases like the 100 year old Ifugao who would later die in April 21
with his claim dying with him since he was a widower and benefits are only paid to widows, notwithstanding the fact that he
filed his claim with a will leaving his estate to his children. This soldier served in the area where Gen Yamashita of the
Imperial Japanese forces surrendered to the U.S.
forces
Last month, I
attended the funeral of one of your constituents in Orange County who died before his claim could be paid
and while USVA Manila was processing his claim, proving his service. Significantly, this naval officer was awarded the Silver Star for being instrumental in avoiding the capture of Gen. MacArthur and Philippine President
Quezon by the Japanese Imperial forces.
Madam, your assistance
has never been more important to me than at the present time. The position of former Rep Tauscher
is currently vacant. Since I am actively involve in the campaign for her replacement, I am realistic that the September primary
will not cure the vacancy and that we remain without representation until the November election. Additionally, I have
never received any response from Senator Boxer to my pleadings, except for her habitual auto
reply.
Under these circumstances,
I would like to request that your Honor conduct a formal inquiry directed to the Secretary of USVA. Should there be a need
to forward my letters to any parties concerned, please feel free to do so, as I waive my rights to privacy without reservations.
Allow me also to share your letter with members of the Filipino community who are understandably concerned about this matter.
The USVA Secretary
may even appreciate that your Honor will bring this problematic situation to his attention given the fact that Public Law
115-5 specifically requires him to make report with detailed information to the Congress each fiscal year.
Again, please
accept my gratitude for your attention to this matter.
Sincerely,
Maria Elizabeth
Embry
xxxx Hamlin Court
Antioch Ca 94509
Telephone xxxxx
e-mails:
maria.embry@sbcglobal.net
pinay_492001@yahoo.com
