B-104517 February 9, 1953

B-104517: Feb 9, 1953

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Disbursing Officer Through Director of Finance Department of the Air Force Dear Captain Carpenter: Reference is made to your letter of October 17. Inasmuch as it is not established that the four unidentified persons were either members of the Tennessee Air National Guard or members of the Air Force of the United states. There is no legal basis for charging appropriated funds with the amount of such charges. Under the circumstances payment on the voucher submitted with your letter is not authorized and the said voucher will be retained in the files of this Office.

B-104517 February 9, 1953

Captain J. F. Carpenter, USAF, Disbursing Officer

Through Director of Finance

Department of the Air Force

Dear Captain Carpenter:

Reference is made to your letter of October 17, 1950, requesting an advance decision on the claim of the Bracey-Welsh Company, Incorporated, undertakers, 2407 West End Avenue, Nashville 5, Tennessee, forwarded to this Office by letter of the Director of Finance, Department of the Air Force, dated July 9, 1951. said claim represents charges amounting to $120 incurred in connection with the burial on July 28, 1950, of four unidentified bodies--the remains of persons, among others, killed in an Air Force plane crash on July 23, 1950, near Myrtle Beach, South Carolina.

Inasmuch as it is not established that the four unidentified persons were either members of the Tennessee Air National Guard or members of the Air Force of the United states, there is no legal basis for charging appropriated funds with the amount of such charges. Under the circumstances payment on the voucher submitted with your letter is not authorized and the said voucher will be retained in the files of this Office.

However, inasmuch as the claim contains elements of legal liability and equity as, in my judgment, to be deserving of the consideration of the Congress, the same has been reported to the Congress by this Office under the act of April 10, 1928, 45 Stat. 413 (31 U.S.C. 236), by report of this date, with recommendation that favorable consideration be given hereto.

Sincerely yours,

Frank H. Yates Acting Comptroller General of the United States