B-161424, JUN. 23, 1967
Highlights
BRAZELTON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 19. YOU HAVE PRESENTED CLAIM ON BEHALF OF MICHAEL MARIX FOR WHATEVER SUM IS DUE UNDER PUBLIC LAW 85-255. ARE PAYABLE ONLY TO (1) OF THE OFFICERS OR FORMER OFFICERS INVOLVED OR (2) EITHER THE WIDOW OR THE LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEASED OFFICER OR FORMER OFFICER. SUCH ACTION WAS BASED ON THE SPECIFIC PROVISIONS OF PUBLIC LAW 85-255 WHICH ENUMERATES THOSE PERSONS WHO MAY PRESENT A CLAIM (DIRECTLY OR THROUGH A POWER OF ATTORNEY) TO THIS OFFICE. IN PERTINENT PART: "* * * UPON APPLICATION OF ANY OFFICER OR FORMER OFFICER (INCLUDING THE WIDOWS AND LEGAL REPRESENTATIVES OF SUCH OFFICERS WHO ARE DECEASED) * * THE LAW MAKES NO PROVISION FOR RECOGNITION BY THIS OFFICE OF ANY CLAIM BY ANY PERSON OTHER THAN THOSE SPECIFICALLY MENTIONED IN THE ACT.
B-161424, JUN. 23, 1967
TO OSBORNE T. BRAZELTON:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 19, 1967, ENCLOSING YOUR POWER OF ATTORNEY SIGNED BY MICHAEL MARIX, THE SON OF GEORGE E. MARIX, DECEASED. YOU HAVE PRESENTED CLAIM ON BEHALF OF MICHAEL MARIX FOR WHATEVER SUM IS DUE UNDER PUBLIC LAW 85-255, 71 STAT. 575, AS BACK PAY AND ALLOWANCES WITHHELD FROM THE DECEASED MEMBER WHILE SERVING IN THE NAVY AS A RESULT OF SECTION 201 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 403, AS AMENDED BY SECTION 4 OF THE ACT OF MARCH 20, 1933, 48 STAT. 13.
BY LETTER DATED FEBRUARY 12, 1958, WE DENIED MR. MARIX'S CLAIM ON THE BASIS THAT CLAIMS UNDER PUBLIC LAW 85-255, SUPRA, ARE PAYABLE ONLY TO (1) OF THE OFFICERS OR FORMER OFFICERS INVOLVED OR (2) EITHER THE WIDOW OR THE LEGAL REPRESENTATIVE OF THE ESTATE OF THE DECEASED OFFICER OR FORMER OFFICER. SUCH ACTION WAS BASED ON THE SPECIFIC PROVISIONS OF PUBLIC LAW 85-255 WHICH ENUMERATES THOSE PERSONS WHO MAY PRESENT A CLAIM (DIRECTLY OR THROUGH A POWER OF ATTORNEY) TO THIS OFFICE. IT READS, IN PERTINENT PART:
"* * * UPON APPLICATION OF ANY OFFICER OR FORMER OFFICER (INCLUDING THE WIDOWS AND LEGAL REPRESENTATIVES OF SUCH OFFICERS WHO ARE DECEASED) * *
THE LAW MAKES NO PROVISION FOR RECOGNITION BY THIS OFFICE OF ANY CLAIM BY ANY PERSON OTHER THAN THOSE SPECIFICALLY MENTIONED IN THE ACT. CONSEQUENTLY, SINCE THE FILE INDICATES THAT THE MEMBER AND HIS WIDOW, EDA B. MARIX, ARE BOTH DECEASED, ONLY A LEGAL REPRESENTATIVE OF THE DECEASED MEMBER'S ESTATE IS ENTITLED TO MAKE A CLAIM UNDER THE ACT.
ACCORDINGLY, ON THE BASIS OF THE RECORD BEFORE US AND IN THE ABSENCE OF A CERTIFIED COPY OF YOUR CLIENT'S APPOINTMENT AS LEGAL REPRESENTATIVE OF THE ESTATE OF GEORGE B. MARIX, THERE IS NO AUTHORITY FOR PAYMENT TO HIM OF ANY AMOUNT FOUND TO BE DUE UNDER THE PROVISIONS OF PUBLIC LAW 85-255, SUPRA.
IN RESPONSE TO YOUR INQUIRY AS TO THE SUM OF MONEY WHICH WOULD BE DUE UNDER THIS ACT, YOU ARE ADVISED THAT IT APPEARS FROM A PRELIMINARY COMPUTATION THAT THE AMOUNT IN QUESTION IS BETWEEN $750 AND $800, SUBJECT, OF COURSE, TO FINAL COMPUTATION.