A-4144, SEPTEMBER 10, 1924, 4 COMP. GEN. 290

A-4144: Sep 10, 1924

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IS AUTHORIZED TO THE MAXIMUM AMOUNT OF $100. 1924: THERE IS FOR CONSIDERATION THE CLAIM OF MRS. WAS DISCHARGED FEBRUARY 22. THAT HE WAS KILLED IN AN ACCIDENT JULY 19. PAYMENT BY THE GOVERNMENT OF THE BURIAL EXPENSES OF A SOLDIER DYING AFTER DISCHARGE AND WHO WAS NOT RECEIVING MEDICAL TREATMENT OR VOCATIONAL 4. SUCH EXPENSES ARE NOT OTHERWISE PROVIDED FOR. 1917: * * * IN CONSIDERING THE RETROACTIVE EFFECT OF THIS AMENDMENT IT WAS SAID IN THE DECISION OF THIS OFFICE OF JUNE 11. GEN. 791: THE SECTION IS THUS MADE RETROSPECTIVE IN THAT IT IS MADE TO COVER CASES NOT WITHIN THE PURVIEW OF THE SECTION AS FORMERLY ENACTED. IT IS NO RETROACTIVE AS A REPEAL OR MODIFICATION OF LAWS AND REGULATIONS IN FORCE AT THE TIME OF THE ENACTMENT.

A-4144, SEPTEMBER 10, 1924, 4 COMP. GEN. 290

BURIAL EXPENSES - DISCHARGED VETERANS OF ANY WARS REIMBURSEMENT FOR THE EXPENSES OF BURIAL OF A DISCHARGED VETERAN OF ANY WAR DYING AT ANY TIME AFTER APRIL 6, 1917, AND EITHER BEFORE OR AFTER AND WHILE AMENDED, IS AUTHORIZED TO THE MAXIMUM AMOUNT OF $100, REGARDLESS OF ANY ASSETS LEFT BY HIM AND WITHOUT DEDUCTION FOR ANY ACCRUED COMPENSATION DUE AT THE DATE OF HIS DEATH.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 10, 1924:

THERE IS FOR CONSIDERATION THE CLAIM OF MRS. EMMA KINSELL, MOTHER OF ALFRED B. SEAMAN, DECEASED, FOR REIMBURSEMENT TO THE EXTENT OF THE MAXIMUM OF $100 FOR BURIAL EXPENSES OF HER SON PAID BY HER. IT APPEARS FROM THE EVIDENCE SUBMITTED THAT ALFRED B. SEAMAN ENLISTED IN THE UNITED STATES MARINE CORPS MAY 18, 1917, AND WAS DISCHARGED FEBRUARY 22, 1919; THAT HE WAS KILLED IN AN ACCIDENT JULY 19, 1920; THAT HE LEFT NO ASSETS PAID HIS BURIAL EXPENSES AMOUNTING TO $220. PAYMENT BY THE GOVERNMENT OF THE BURIAL EXPENSES OF A SOLDIER DYING AFTER DISCHARGE AND WHO WAS NOT RECEIVING MEDICAL TREATMENT OR VOCATIONAL 4, 1923, 42 STAT. 1523, AMENDING SECTION 301 OF THE WAR RISK INSURANCE ACT, PROVIDED: FROM THE SERVICE AND DOES NOT LEAVE SUFFICIENT ASSETS TO MEET THE EXPENSE OF HIS BURIAL AND THE TRANSPORTATION OF HIS BODY, AND SUCH EXPENSES ARE NOT OTHERWISE PROVIDED FOR, THE UNITED STATES VETERANS' BUREAU SHALL PAY THE FOLLOWING SUMS: FOR A FLAG TO DRAPE THE CASKET, AND AFTER BURIAL TO BE GIVEN TO THE NEXT OF KIN OF THE DECEASED, A SUM NOT EXCEEDING $5; ALSO FOR BURIAL EXPENSES, A SUM NOT EXCEEDING $100, TO SUCH PERSON OR PERSONS AS MAY BE FIXED BY REGULATIONS: * * *

(8) THAT SECTION 301 OF THE WAR RISK INSURANCE ACT, AS AMENDED, SHALL BE DEEMED TO BE IN EFFECT AS OF APRIL 6, 1917: * * *

IN CONSIDERING THE RETROACTIVE EFFECT OF THIS AMENDMENT IT WAS SAID IN THE DECISION OF THIS OFFICE OF JUNE 11, 1923, 2 COMP. GEN. 791:

THE SECTION IS THUS MADE RETROSPECTIVE IN THAT IT IS MADE TO COVER CASES NOT WITHIN THE PURVIEW OF THE SECTION AS FORMERLY ENACTED. IT IS NO RETROACTIVE AS A REPEAL OR MODIFICATION OF LAWS AND REGULATIONS IN FORCE AT THE TIME OF THE ENACTMENT. IT DOES NOT REQUIRE A REOPENING OF CASES SETTLED UNDER THE FORMER LAWS AND REGULATIONS NOT DOES IT DISTURB RIGHTS VESTED UNDER THOSE LAWS AND REGULATIONS. ALL CASES OF DEATH PRIOR TO MARCH 4, 1923, COMING WITHIN LAWS AND REGULATIONS IN FORCE AT THE TIME OF DEATH WILL BE SETTLED UNDER THOSE LAWS AND REGULATIONS. ALL OTHER CASES WILL BE SETTLED UNDER THE AMENDMENT OF MARCH 4, 1923, AND

AS THERE WERE NO LAWS OR REGULATIONS PRIOR TO MARCH 4, 1923, GRANTING REIMBURSEMENT FOR BURIAL EXPENSES OF SOLDIERS DYING AFTER DISCHARGE AND WHILE NOT RECEIVING MEDICAL TREATMENT, OR VOCATIONAL TRAINING, THE BURIAL EXPENSES OF ALFRED B. SEAMAN, WHO DIED JULY 19, 1920, WOULD HAVE BEEN PAYABLE UNDER THE AMENDMENT OF MARCH 4, 1923, SUPRA, WHICH AMENDMENT THE REIMBURSEMENT CONDITIONED UPON THE LACK OF SUFFICIENT ASSETS TO MEET THE BURIAL EXPENSES AND LIMITS THE AMOUNT TO BE PAID TO A SUM "NOT EXCEEDING $100," ANY ASSETS WHICH THE SOLDIER LEFT WOULD, UNDER THIS AMENDMENT, HAVE TO BE DEDUCTED FROM THE $100. THIS WOULD HAVE REQUIRED THE DEDUCTION OF THE ACCRUED COMPENSATION OF $17.16. HOWEVER, THE SUFFICIENCY OF ASSETS IN THIS CASE WAS RENDERED IMMATERIAL BY THE REENACTMENT OF THE PROVISIONS FOR BURIAL EXPENSES IN SECTION 201 OF THE

* * * PROVIDED, THAT WHEN SUCH PERSON DIES WHILE RECEIVING FROM THE BUREAU COMPENSATION OR VOCATIONAL TRAINING, THE ABOVE BENEFITS SHALL BE PAYABLE WITHOUT REFERENCE TO THE INDIGENCY OF THE DECEASED: * * *. TIME OF DEATH SHALL BE DEDUCTED FROM THE SUM ALLOWED.

(7) THAT THIS SECTION SHALL BE DEEMED TO BE IN EFFECT AS OF APRIL 6, 1917: * * * .

AS SEAMAN WAS RECEIVING COMPENSATION AT THE TIME OF HIS DEATH HIS BURIAL EXPENSES COME WITHIN SECTION 201 OF THE ACT OF JUNE 7, 1924, SUPRA, TO THE EXTENT OF THE $100 MAXIMUM, AND NO DEDUCTION OF THE ACCRUED NO. 1, 1923, PROVIDE:

PAYMENT OF THE BURIAL ALLOWANCES * * * SHALL BE MADE TO THE PERSON OR FIRM FURNISHING THE FLAG OR THE SERVICES AUTHORIZED. IF THE PERSON OR FIRM FURNISHING THE FLAG OR SERVICES DEMANDS AND RECEIVES PAYMENT FROM A REPRESENTATIVE OR RELATIVES OF THE DECEASED, REIMBURSEMENT UP TO THE AUTHORIZED ALLOWANCES MAY BE PAID SUCH REPRESENTATIVE OR RELATIVE PRESENTING RECEIPTED BILLS SHOWING PAYMENT BY SUCH REPRESENTATIVE OR RELATIVE.

THE MOTHER OF THE DECEASED SOLDIER HAS PRESENTED WITH HER CLAIM THE ..END