B-89225, NOV. 19, 1957
Highlights
WHICH PROVIDES THAT WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEASED SOLDIER'S ESTATE AND HE IS NOT SURVIVED BY A WIDOW OR DESCENDANTS. THE AMOUNT DUE MAY BE ALLOWED TO THE FATHER AND MOTHER IN EQUAL PARTS OR IF EITHER PARENT IS DEAD. YOU HAVE PRESENTED NO FURTHER EVIDENCE TO WARRANT ANY DEVIATION FROM OUR PRIOR DECISION IN THIS MATTER. WE CAN ONLY REPEAT THAT OUR ACTION CONCERNING YOUR CLAIM WAS REQUIRED BY THE STATUTE AUTHORIZING THE DISPOSITION OF ARREARS OF PAY DUE SERVICE PERSONNEL ON DATE OF DEATH. IS RETURNED.
B-89225, NOV. 19, 1957
TO MRS. LUCY W. T. SHELTON:
YOUR LETTER OF OCTOBER 9, 1957, TO THE PRESIDENT OF THE UNITED STATES, REGARDING THE BALANCE OF ACCRUED PAY IN THE CASE OF YOUR LATE SON, JAMES D. TOMPKINS, PRIVATE, ARMY OF THE UNITED STATES, DECEASED, HAS BEEN REFERRED TO OUR OFFICE FOR REPLY.
WE ADVISED YOU IN OUR LETTERS OF FEBRUARY 6, 1950, FEBRUARY 16, 1953, AND APRIL 24, 1957, THAT ONE-HALF OF THE PAY DUE YOUR LATE SON'S ESTATE HAD BEEN RESERVED FOR HIS SURVIVING FATHER PURSUANT TO THE ACT OF JUNE 30, 1906, AS AMENDED BY THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, WHICH PROVIDES THAT WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE DECEASED SOLDIER'S ESTATE AND HE IS NOT SURVIVED BY A WIDOW OR DESCENDANTS, THE AMOUNT DUE MAY BE ALLOWED TO THE FATHER AND MOTHER IN EQUAL PARTS OR IF EITHER PARENT IS DEAD, THEN TO THE ONE SURVIVING. YOU HAVE PRESENTED NO FURTHER EVIDENCE TO WARRANT ANY DEVIATION FROM OUR PRIOR DECISION IN THIS MATTER. WE CAN ONLY REPEAT THAT OUR ACTION CONCERNING YOUR CLAIM WAS REQUIRED BY THE STATUTE AUTHORIZING THE DISPOSITION OF ARREARS OF PAY DUE SERVICE PERSONNEL ON DATE OF DEATH.
THE COMMUNICATION OF MAY 27, 1957, TO SENATOR SPARKMAN, RECEIVED WITH YOUR LETTER, IS RETURNED.