B-150255, FEB. 6, 1963

B-150255, FEB. 6, 1963

TO MRS. BERNARDINA R. VDA. DE ZARUDNY:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16, 1963, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR RETIREMENT BENEFITS, INSURANCE, SALARY DEDUCTIONS AND OTHER MONEY OR MONEYS DUE YOU AS THE WIDOW OF PETER ZARUDNY, R 741409, U.S. ARMY, AT DATE OF HIS DEATH, MARCH 25, 1941.

THE RECORD SHOWS YOU WERE ADVISED BY CLAIMS DIVISION LETTER OF JULY 23, 1962, AND BY DECISION OF DECEMBER 17, 1962, B-1500255, THAT SINCE YOUR HUSBAND DIED WHILE IN SERVICE NO RETIREMENT BENEFITS ARE DUE, AND THAT ANY INQUIRY WITH REGARD TO PAYMENTS OF INSURANCE SHOULD BE ADDRESSED TO THE VETERANS ADMINISTRATION, WASHINGTON 25, D.C.

YOU WERE ALSO ADVISED THAT ANY CLAIM FOR AN ITEM OF PAY DUE YOUR DECEASED HUSBAND NOT PREVIOUSLY CLAIMED IS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AS MODIFIED BY THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, 54 STAT. 1181, INASMUCH AS YOUR HUSBAND DIED ON MARCH 25, 1941, AND YOUR PRESENT CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL JUNE 25, 1962. THE ACT OF OCTOBER 9, 1940, PROVIDES THAT EVERY CLAIM OR DEMAND, WITH CERTAIN EXCEPTIONS NOT HERE APPLICABLE, AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE IS FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER IT FIRST ACCRUED. WHILE YOU PRESENTLY STATE A CLAIM WAS MAILED TO THE U.S. ARMY FINANCE CENTER MANY YEARS AGO, SUCH CLAIM IF RECEIVED THERE WOULD NOT CONSTITUTE A CLAIM FILED IN THE GENERAL ACCOUNTING OFFICE.

YOU WERE FURTHER ADVISED THAT THE RECORD SHOWS A PRIOR CLAIM WAS FILED IN OUR OFFICE BUT THAT AFTER A TIME THE FILE WAS DESTROYED IN ACCORDANCE WITH LAW AND THAT WE NOW HAVE NO WAY OF DETERMINING THE ITEM OR ITEMS CLAIMED. PRESUMABLY, PRIOR TO ITS DESTRUCTION, THE CLAIM WAS ADJUDICATED AND ANY AMOUNT FOUND DUE ON THE CLAIM PRESENTED WAS ALLOWED OR, IF NO AMOUNT WAS DUE, THE CLAIM WAS DISALLOWED AS LACKING IN MERIT. YOU PRESENTLY SAY YOU CANNOT UNDERSTAND THE REASON FOR SUCH DESTRUCTION. UNDER 44 U.S.C. 366- 380, WE ARE PERMITTED TO DESTROY RECORDS OF SETTLED CLAIMS OR ACCOUNTS THAT ARE NOT NEEDED IN THE TRANSACTION OF CURRENT BUSINESS THAT DO NOT APPEAR TO HAVE SUFFICIENT ADMINISTRATIVE, LEGAL, RESEARCH, OR OTHER VALUE TO WARRANT THEIR FUTURE PRESERVATION BY THE GOVERNMENT, UPON APPROVAL OF THE ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION, AND THE CONCURRENCE OF THE CONGRESS.

SINCE THE FIRST CLAIM FILED HERE IN THE CASE OF PETER ZARUDNY WAS DESTROYED PURSUANT TO LAW AS A SETTLED CLAIM ON THE BASIS THAT THE PAPERS NO LONGER SERVED ANY USEFUL PURPOSE, AND SINCE YOUR PRESENT CLAIM IS BARRED BY LAW, THE PRIOR ACTION IN YOUR CASE IS AFFIRMED.