B-86960, JUL. 9, 1964
Highlights
TO MISS AURORA GERONIMO: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 14. IT WAS EXPLAINED TO YOU IN DETAIL THAT SINCE YOUR FATHER WAS NEVER LEGALLY ADOPTED BY MR. NEVIS WE WERE WITHOUT AUTHORITY TO GIVE THE CLAIM FAVORABLE CONSIDERATION. THE FACT THAT YOUR FATHER WAS NOT LEGALLY ADOPTED BY MR. NEVIS IS A MINOR DEFICIENCY AND SHOULD NOT OPERATE TO DENY HIM THE BENEFITS CLAIMED AS A SON OF MR. WHILE JOHN NEVIS AND YOUR FATHER MAY HAVE VIEWED THEIR RELATIONSHIP AS THAT OF FATHER AND SON. OUR RECORDS SHOW THAT YOUR FATHER WAS THE NEPHEW OF THE WIFE OF MR. NEVIS WAS NOT SUCH AS TO MAKE HIM ELIGIBLE TO RECEIVE THE ARREARS OF PAY DUE UNDER THE TERMS OF THE ACT OF FEBRUARY 25. NO MATTER HOW MERITORIOUS AND EQUITABLE A CLAIM OF THIS NATURE MAY APPEAR TO BE WE HAVE NO AUTHORITY TO WAIVE OR DISREGARD THE STATUTORY PROVISIONS GOVERNING THE SETTLEMENT OF SUCH CLAIMS.
B-86960, JUL. 9, 1964
TO MISS AURORA GERONIMO:
REFERENCE IS MADE TO YOUR LETTER DATED JUNE 14, 1964, REGARDING OUR DECISION TO YOU, B-86960, DATED APRIL 2, 1964. IN THAT DECISION WE AFFIRMED OUR PREVIOUS DECISIONS, B-86960 OF JANUARY 27, 1964, AND JULY 25, 1949, SUSTAINING THE ACTION OF OUR CLAIMS DIVISION IN SETTLEMENT DATED OCTOBER 25, 1948, WHICH DISALLOWED THE CLAIM OF YOUR FATHER, JUAN GERONIMO, NOW DECEASED, FOR ARREARS OF PAY IN THE CASE OF HIS FOSTER FATHER, THE LATE JOHN NEVIS, CHIEF GUNNER'S MATE, UNITED STATES NAVY (RETIRED). IT WAS EXPLAINED TO YOU IN DETAIL THAT SINCE YOUR FATHER WAS NEVER LEGALLY ADOPTED BY MR. NEVIS WE WERE WITHOUT AUTHORITY TO GIVE THE CLAIM FAVORABLE CONSIDERATION.
YOUR PRESENT LETTER DOES NOT CONTAIN ANY PERTINENT INFORMATION NOT PREVIOUSLY CONSIDERED IN CONNECTION WITH YOUR CLAIM. YOU URGE, HOWEVER, THAT SINCE MR. NEVIS AND YOUR FATHER REGARDED EACH OTHER AS FATHER AND SON AND CONDUCTED THEMSELVES ACCORDINGLY, THE FACT THAT YOUR FATHER WAS NOT LEGALLY ADOPTED BY MR. NEVIS IS A MINOR DEFICIENCY AND SHOULD NOT OPERATE TO DENY HIM THE BENEFITS CLAIMED AS A SON OF MR. NEVIS.
WHILE JOHN NEVIS AND YOUR FATHER MAY HAVE VIEWED THEIR RELATIONSHIP AS THAT OF FATHER AND SON, AND CONDUCTED THEMSELVES ACCORDINGLY, OUR RECORDS SHOW THAT YOUR FATHER WAS THE NEPHEW OF THE WIFE OF MR. NEVIS AND NOT HIS SON. AS WE EXPLAINED IN OUR DECISION OF JULY 25, 1949, B 86960, TO YOUR LATE FATHER, COPY ENCLOSED, HIS RELATIONSHIP TO MR. NEVIS WAS NOT SUCH AS TO MAKE HIM ELIGIBLE TO RECEIVE THE ARREARS OF PAY DUE UNDER THE TERMS OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30. NO MATTER HOW MERITORIOUS AND EQUITABLE A CLAIM OF THIS NATURE MAY APPEAR TO BE WE HAVE NO AUTHORITY TO WAIVE OR DISREGARD THE STATUTORY PROVISIONS GOVERNING THE SETTLEMENT OF SUCH CLAIMS.
SINCE IT IS CLEAR FROM THE RECORD THAT YOUR FATHER WAS NOT LEGALLY ADOPTED BY MR. NEVIS, THERE IS NO AUTHORITY UNDER EXISTING LAW TO PAY YOU, AS THE HEIR OR REPRESENTATIVE OF YOUR LATE FATHER, THE BENEFITS HE CLAIMED AS NEXT OF KIN OF JOHN NEVIS.
ACCORDINGLY WE TRUST YOU WILL UNDERSTAND THAT NO FURTHER ACTION CAN BE TAKEN IN THE MATTER BY OUR OFFICE.