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B-142790, OCT. 31, 1962

B-142790 Oct 31, 1962
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THURBER: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12. WERE ADVISED BY LETTER OF SEPTEMBER 4. CARSON WAS VOID FROM ITS BEGINNING. ALTHOUGH YOU STATE THAT YOUR "PURPORTED MARRIAGE IS NULL AND VOID. " THE RECORD INDICATES THAT IS WAS A VOIDABLE. MARRIAGE WHICH CONTINUED IN EXISTENCE UNTIL IT WAS ANNULLED BY THE DECREE OF THE NEVADA COURT ON NOVEMBER 19. YOU ARE ADVISED THAT IT IS QUITE DOUBTFUL THAT SUCH A CONFERENCE WOULD HAVE ANY EFFECT ON OUR DECISION. SINCE IT APPEARS THAT YOUR ATTORNEYS HAVE MADE EVERY EFFORT TO SUBMIT EVIDENCE IN YOUR BEHALF.

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B-142790, OCT. 31, 1962

TO MRS. MURIEL S. THURBER:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1962, REQUESTING REINSTATEMENT OF YOUR ANNUITY PAYMENTS UNDER THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN, 10 U.S.C. 1431-1446 (SUPP. III), AS THE WIDOW OF COLONEL PHILIP LOOMIS THURBER, AUS, RETIRED.

YOUR ATTORNEYS, CULP, DWYER, GUTERSON AND EDWARDS, 812 HOGE BUILDING, SEATTLE 4, WASHINGTON, WERE ADVISED BY LETTER OF SEPTEMBER 4, 1962, B- 142790, COPY ENCLOSED, THAT YOUR ANNUITY PAYMENTS COULD NOT BE REINSTATED BECAUSE IT HAS NOT BEEN ESTABLISHED THAT YOUR MARRIAGE TO MR. CARSON WAS VOID FROM ITS BEGINNING. ALTHOUGH YOU STATE THAT YOUR "PURPORTED MARRIAGE IS NULL AND VOID," THE RECORD INDICATES THAT IS WAS A VOIDABLE, RATHER THAN VOID, MARRIAGE WHICH CONTINUED IN EXISTENCE UNTIL IT WAS ANNULLED BY THE DECREE OF THE NEVADA COURT ON NOVEMBER 19, 1959.

WITH RESPECT TO YOUR SUGGESTION THAT YOU COME TO WASHINGTON, D.C., FOR A CONFERENCE ON THIS MATTER, YOU ARE ADVISED THAT IT IS QUITE DOUBTFUL THAT SUCH A CONFERENCE WOULD HAVE ANY EFFECT ON OUR DECISION. ENTITLEMENT TO THE ANNUITY PAYMENTS MUST BE DETERMINED ON THE BASIS OF THE WRITTEN RECORD AND, SINCE IT APPEARS THAT YOUR ATTORNEYS HAVE MADE EVERY EFFORT TO SUBMIT EVIDENCE IN YOUR BEHALF, WE DO NOT ENCOURAGE YOU TO SPEND YOUR TIME AND MONEY TO TRAVEL HERE FOR THE PURPOSE OF DISCUSSING YOUR CLAIM.

YOU MAY BE SURE THAT CAREFUL AND SYMPATHETIC CONSIDERATION HAS BEEN GIVEN YOUR CASE AND IT IS WITH REGRET THAT WE MUST ADVISE YOU THAT WE ARE NOT AWARE OF ANY BASIS ON WHICH FAVORABLE ..END :

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