B-139028, MAR. 22, 1966

B-139028, MAR. 22, 1966

TO MRS. HELEN E. CARR:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 28, 1966, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR THE BALANCE DUE THE ESTATE OF YOUR LATE SON, THOMAS GERARD CARR, AS OF JUNE 25, 1953, THE DATE OF RECEIPT OF EVIDENCE OF HIS DEATH WHILE SERVING AS SERGEANT FIRST CLASS, UNITED STATES ARMY.

YOU MADE CLAIM FOR THE FULL AMOUNT DUE YOUR SON ON THE BASIS THAT HE WAS NOT SURVIVED BY A WIDOW OR DESCENDANTS, BUT THAT HE WAS SURVIVED BY YOU AND HIS FATHER, WHOSE ADDRESS YOU DID NOT KNOW AND FROM WHOM YOU HAD BEEN SEPARATED FOR 20 YEARS. THE DEPARTMENT OF THE ARMY HAVING REPORTED THAT THE SUM OF $3,256.45 WAS DUE YOUR SON'S ESTATE AS ARREARS OF PAY AND ALLOWANCES, OUR CLAIMS DIVISION, BY SETTLEMENT DATED NOVEMBER 16, 1953, ALLOWED YOU THE SUM OF $1,628.23, REPRESENTING YOUR ONE-HALF SHARE OF THE TOTAL AMOUNT DUE, AND ADVISED YOU THAT THE REMAINING ONE-HALF SHARE WAS RESERVED FOR THE FATHER.

BY DECISIONS OF APRIL 29, 1959, AND JUNE 29, 1960, B-139028, WE EXPLAINED TO YOU THE REASONS WHY PAYMENT OF THE AMOUNT REMAINING DUE YOUR LATE SON'S ESTATE CANNOT BE MADE TO YOU. IN THOSE DECISIONS, WE POINTED OUT THAT THERE WAS NO FURTHER ACTION WE COULD TAKE IN THE MATTER UNLESS AND UNTIL A CLAIM IS RECEIVED FROM THE FATHER, OR IT IS SHOWN THAT HE IS DEAD OR DECLARED DEAD BY A COURT OF COMPETENT JURISDICTION, OR A CLAIM IS PRESENTED BY A LEGAL REPRESENTATIVE OF YOUR SON'S ESTATE, THAT IS, AN EXECUTOR OR AN ADMINISTRATOR. AGAIN, IN REPLY TO YOUR LETTER OF DECEMBER 12, 1960, IN OUR DECISION TO YOU OF FEBRUARY 15, 1961, B-139028, WE ENCLOSED COPIES OF OUR DECISIONS TO YOU OF APRIL 29, 1959, AND JUNE 29, 1960, B-139028, AND WE CALLED YOUR ATTENTION TO THE FACT THAT A CLAIM BY A LEGAL REPRESENTATIVE MUST BE FILED WITH THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS FROM THE DATE SUCH CLAIM FIRST ACCRUED OR IT WILL BE BARRED; THAT THE DATE OF ACCRUAL OF THE CLAIM IN THIS CASE IS JUNE 25, 1953, THE DATE OF RECEIPT OF EVIDENCE OF THE DEATH OF YOUR SON, AND A CLAIM BY SUCH LEGAL REPRESENTATIVE, IF IT IS TO BE CONSIDERED, MUST BE RECEIVED HERE NO LATER THAN JUNE 24, 1963. OUR RECORDS DO NOT SHOW THAT ANY SUCH CLAIM HAS BEEN RECEIVED IN THIS OFFICE.

AS WE EXPLAINED IN OUR PRIOR DECISIONS TO YOU, OUR ACTION IN YOUR CASE IS CONTROLLED BY THE LAW WHICH DESIGNATES THE PERSONS TO WHOM AMOUNTS DUE THE ESTATE OF A DECEASED MEMBER OF THE ARMED FORCES MAY BE PAID AND PAYMENT EXCEPT AS AUTHORIZED BY THAT LAW WOULD NOT BE PROPER. THEREFORE, SINCE A CLAIM BY A LEGAL REPRESENTATIVE HAS NOT BEEN FILED HERE, AND SINCE SUCH CLAIM, IF FILED AT THE PRESENT TIME, WOULD NOW BE BARRED BY THE ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A,THERE IS NO AUTHORITY UNDER EXISTING LAW TO PAY YOU THE BALANCE DUE AS THE HEIR OR LEGAL REPRESENTATIVE OF YOUR LATE SON'S ESTATE.

IN OUR PRIOR LETTERS TO YOU WE URGED YOU TO SEEK THE ASSISTANCE OF THE JUDGE OR CLERK OF YOUR LOCAL PROBATE COURT, AND WE ADVISED YOU THAT A CLAIM BY A LEGAL REPRESENTATIVE OF THE ESTATE MUST BE FILED NO LATER THAN JUNE 24, 1963. WE TRUST YOU WILL UNDERSTAND THAT WE ARE NOW WITHOUT AUTHORITY TO TAKE ANY FURTHER ACTION ON YOUR CLAIM.