B-127398, AUG. 19, 1957

B-127398, AUG. 19, 1957

TO MRS. MARJORIE H. H. SCHULTZ:

REFERENCE IS MADE TO YOUR LETTER OF JULY 28, 1957, RELATING TO THE CLAIM OF THE UNITED STATES AGAINST YOU IN THE AMOUNT OF $959.12, ARISING OUT OF THE ERRONEOUS PAYMENT TO YOU OF SIX MONTHS' DEATH GRATUITY INCIDENT TO THE MILITARY SERVICE OF YOUR LATE SON, DOUGLAS D. HOLMES. YOU REFER TO CERTAIN CORRESPONDENCE WITH HONORABLE CHARLES A. BOYLE, HOUSE OF REPRESENTATIVES, AND YOU INQUIRE WHETHER IN THE RECONSIDERATION OF THE CLAIM, THIS OFFICE WILL MERELY REEXAMINE SUCH FACTS AS HAVE BEEN PRESENTED HERE BY THE DEPARTMENT OF THE ARMY, OR WHETHER YOU WILL HAVE AN OPPORTUNITY TO SUBMIT ADDITIONAL EVIDENCE RELATING TO THE MATTER WHICH, YOU STATE, SHOULD CONCLUSIVELY SHOW THAT FRAUD HAS BEEN COMMITTED.

WE CONSIDERED THE MATTER OF THE GOVERNMENT'S CLAIM AGAINST YOU AT LENGTH IN A LETTER OF AUGUST 8, 1957, TO MR. BOYLE, AND IT IS ASSUMED THAT HE HAS INFORMED YOU RESPECTING THE CONTENTS OF THAT LETTER. IN CONCLUDING THAT OUR OFFICE HAS NO ALTERNATIVE BUT TO INSIST THAT YOU REFUND THE AMOUNT OF THE ERRONEOUS PAYMENT, WE GAVE CONSIDERATION TO YOUR SEVERAL LETTERS TO THE DEPARTMENT OF THE ARMY, TO THE PRESIDENT, TO MRS. EISENHOWER, TO MR. JAMES HAGERTY, AND TO OUR OFFICE. IT WAS OUR DETERMINATION, BASED UPON AVAILABLE DOCUMENTARY EVIDENCE, THAT YOUR LATESON WAS SURVIVED BY A DAUGHTER AND THAT UNDER APPLICABLE LAW SHE IS ENTITLED TO THE GRATUITY PAYMENT.

AS YOU KNOW, THE DEPARTMENT OF THE ARMY HAS ON FILE AN OFFICIAL RECORD IN WHICH YOUR LATE SON NAMED A DAUGHTER, EVELYN MAIR, AS HIS PRINCIPAL BENEFICIARY FOR THE SIX MONTHS' DEATH GRATUITY PAYMENT. MOREOVER, THE DEPARTMENT OF THE ARMY HAS REPORTED THAT THE BIRTH CERTIFICATE OF THE CHILD, EVELYN, BEARS THE STATEMENT THAT YOUR LATE SON DID ACKNOWLEDGE THE PATERNITY OF SUCH CHILD AND THAT YOUR SON OTHERWISE OPENLY ANNOUNCED HIMSELF TO BE THE FATHER OF THE CHILD, EVELYN, AND ANNOUNCED HIS INTENTION OF MARRYING THE MOTHER, ANNA MAIR, WHEN REGULATIONS PERMITTED. THE VETERANS ADMINISTRATION ADVISED THAT A COURT DOCUMENT, SIGNED BY YOUR LATE SON, HAD BEEN FILED EVIDENCING THE FACT THAT HE ACKNOWLEDGED IN COURT IN GERMANY THAT HE WAS THE FATHER OF THE CHILD.

WE ARE, OF COURSE, WILLING TO CONSIDER ANY EVIDENCE YOU MAY WISH TO SUBMIT IN SUPPORT OF YOUR CLAIM THAT FRAUD HAS BEEN COMMITTED IN THIS CASE. WE ARE SURE YOU WILL REALIZE, HOWEVER, THAT IT CAN SERVE NO USEFUL PURPOSE TO SUBMIT MERE GENERAL STATEMENTS AND CONCLUSIONS OR A REITERATION OF MATTERS ALREADY IN THE RECORD. IN OTHER WORDS, A SHOWING MUST BE MADE BY SUBSTANTIAL EVIDENCE, IN SUPPORT OF YOUR CONTENTIONS, SUFFICIENT TO OVERCOME THE PRESUMPTION THAT THE ABOVE MENTIONED OFFICIAL RECORDS AND REPORTS ARE VALID AND REFLECT THE TRUE FACTS REGARDING THE PATERNITY OF THE CHILD, EVELYN MAIR.