B-166960, JUL. 25, 1969
Highlights
TIPPS: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 3. YOU REQUEST INFORMATION AS TO WHETHER AN APPROPRIATION FOR THE $25.66 MENTIONED IN THAT SETTLEMENT WAS EVER MADE BY CONGRESS AND. THE DATE SUCH APPROPRIATION WAS MADE. YOU WISH TO KNOW THE DISPOSITION OF YOUR LATE HUSBAND'S CLAIM FOR INCREASED RETIRED PAY WHICH WAS FILED WITH THIS OFFICE IN MAY 1962. YOU WERE ADVISED THAT. A COPY OF FORM NO. 170 WAS MAILED TO HIM AS A NOTIFICATION OF THE FINAL ACTION TAKEN BY THIS OFFICE. IT WOULD APPEAR THAT HIS CLAIM WAS ALLOWED IN THE AMOUNT OF $88.49. THAT A CHECK FOR $62.83 WAS TO BE SENT TO HIM IN DUE COURSE AND THAT THE BALANCE OF $25.66 WOULD BE FORWARDED WHEN AN APPROPRIATION THEREFOR HAD BEEN MADE BY CONGRESS.
B-166960, JUL. 25, 1969
MILITARY - NAVY MAIL CLERK PAY DECISION TO WIFE OF DECEASED MEMBER CONCERNING SETTLEMENT OF CLAIMS FOR ADDITIONAL PAY AS NAVY MAIL CLERK AND FOR INCREASED RETIRED PAY.
TO MRS. GLENNANCE P. TIPPS:
REFERENCE IS MADE TO YOUR LETTER DATED JUNE 3, 1969, CONCERNING THE SETTLEMENT OF OUR CLAIMS DIVISION DATED SEPTEMBER 9, 1940, WHICH ALLOWED A CLAIM FOR ADDITIONAL PAY AS A NAVY MAIL CLERK IN 1938 AND 1939 FILED BY YOUR HUSBAND, THE LATE WAGONER LEE TIPPS. YOU REQUEST INFORMATION AS TO WHETHER AN APPROPRIATION FOR THE $25.66 MENTIONED IN THAT SETTLEMENT WAS EVER MADE BY CONGRESS AND, IF SO, THE DATE SUCH APPROPRIATION WAS MADE. IN ADDITION, YOU WISH TO KNOW THE DISPOSITION OF YOUR LATE HUSBAND'S CLAIM FOR INCREASED RETIRED PAY WHICH WAS FILED WITH THIS OFFICE IN MAY 1962.
IN OUR LETTER TO YOU OF MAY 28, 1969, YOU WERE ADVISED THAT, UNDER THE PROCEDURE IN EFFECT AT THE TIME OF THE SETTLEMENT OF YOUR HUSBAND'S CLAIM FOR MAIL CLERK PAY, A COPY OF FORM NO. 170 WAS MAILED TO HIM AS A NOTIFICATION OF THE FINAL ACTION TAKEN BY THIS OFFICE. FROM THE INFORMATION PROVIDED BY YOU, IT WOULD APPEAR THAT HIS CLAIM WAS ALLOWED IN THE AMOUNT OF $88.49, THAT A CHECK FOR $62.83 WAS TO BE SENT TO HIM IN DUE COURSE AND THAT THE BALANCE OF $25.66 WOULD BE FORWARDED WHEN AN APPROPRIATION THEREFOR HAD BEEN MADE BY CONGRESS.
YOUR HUSBAND'S 1940 CLAIM WAS ONE OF A NUMBER OF AUDITED CLAIMS WHERE THE ORIGINAL APPROPRIATION THEREFOR HAD EITHER LAPSED OR HAD BEEN PREVIOUSLY EXPENDED. THE PROCEDURE IN EFFECT AT THAT TIME REQUIRED THAT MONIES FOR THE PAYMENT OF SUCH CLAIMS BE SPECIFICALLY REQUESTED AND APPROPRIATED BY THE CONGRESS BEFORE PAYMENT COULD BE MADE. SUCH REQUESTS WERE ROUTINELY MADE AND APPROVED BY CONGRESS, BUT SINCE LUMP SUM APPROPRIATIONS WERE MADE, AND EXAMINATION OF THE ORIGINAL FILE PERTAINING TO YOUR HUSBAND'S CLAIM, WHICH FILE WAS DESTROYED PURSUANT TO LAW, WOULD BE NECESSARY TO IDENTIFY THE PARTICULAR APPROPRIATION IN HIS CASE. HENCE, WE ARE UNABLE TO PROVIDE YOU WITH THE DESIRED INFORMATION.
AS TO YOUR LATE HUSBAND'S CLAIM FOR INCREASED RETIRED PAY, THAT MATTER WAS THE SUBJECT OF A SETTLEMENT DATED AUGUST 17, 1962, FROM OUR CLAIMS DIVISION TO YOUR HUSBAND THROUGH THE LAW OFFICE OF KING AND KING, 1620 EYE STREET, N.W., WASHINGTON, D.C. THAT SETTLEMENT DISALLOWED HIS CLAIM FOR THE REASON THAT HE HAD BEEN RECEIVING THE MAXIMUM RETIRED PAY PERMITTED BY LAW.