B-113240, OCT. 4, 1961

B-113240, OCT. 4, 1961

TO MRS. DOROTHY E. MCCANHAM:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 17, 1961, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR THE BALANCE DUE THE ESTATE OF YOUR LATE SON, BERT ARTHUR BENNETT, AT DATE OF DEATH JULY 28, 1950, AS PRIVATE FIRST CLASS, U.S. ARMY.

BY DECISION OF FEBRUARY 27, 1953, B-113240, COPY ENCLOSED, WE EXPLAINED TO YOU THE REASONS WHY PAYMENT OF THE AMOUNT REMAINING DUE YOUR LATE SON'S ESTATE CANNOT BE MADE TO YOU. WE STATED FURTHER THAT IN THE ABSENCE OF A CLAIM FROM THE FATHER THE BALANCE DUE MAY BE ALLOWED ONLY TO A DULY APPOINTED LEGAL REPRESENTATIVE OF YOUR SON'S ESTATE AND WE SUGGESTED THAT YOU HAVE YOURSELF APPOINTED SUCH LEGAL REPRESENTATIVE.

OUR RECORDS DO NOT DISCLOSE THE RECEIPT BY US OF A CLAIM FROM THE FATHER AND CONSEQUENTLY THE BALANCE RESERVED HAS NOT BEEN PAID HIM. ALSO, WE HAVE NOT RECEIVED A CLAIM FROM THE LEGAL REPRESENTATIVE OF THE ESTATE. THIS CONNECTION IT MAY BE STATED THAT THE CLAIM BY THE FATHER COULD NOT NOW RECEIVE FAVORABLE CONSIDERATION IN VIEW OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, COPY ENCLOSED. THAT ACT PROVIDES THAT ANY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM BE RECEIVED IN THIS OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED. FOR THE SAME REASON, WE MAY NO LONGER CONSIDER A CLAIM FROM A LEGAL REPRESENTATIVE OF YOUR SON'S ESTATE. INASMUCH AS YOUR CLAIM FOR THE FATHER'S SHARE OF YOUR LATE SON'S ESTATE MAY NOT BE RECOGNIZED WHILE THE FATHER IS STILL LIVING, YOUR CLAIM MUST ALSO BE CONSIDERED AS BARRED UNDER THE ACT OF OCTOBER 9, 1940, UNLESS YOU PRESENT EVIDENCE THAT YOUR FORMER HUSBAND DIED PRIOR TO JANUARY 18, 1951, THE DATE WE RECEIVED YOUR LETTER OF JANUARY 15, 1951, REGARDING HIS SHARE OF THE ARREARS OF PAY IN YOUR LATE SON'S ESTATE.

WHILE WE APPRECIATE YOUR FEELINGS IN THE MATTER WE MUST COMPLY WITH THE APPLICABLE FEDERAL STATUTES IN SETTLING ACCOUNTS OF DECEASED PERSONNEL OF THE UNIFORMED SERVICES, AND WE HAVE NO AUTHORITY TO ALLOW CLAIMS FOR AMOUNTS DUE THE ESTATE OF SUCH DECEASED PERSONNEL EXCEPT AS AUTHORIZED BY THESE STATUTES. YOU HAVE BEEN ADVISED THAT THE MERE UNEXPLAINED ABSENCE OF A PERSON, REGARDLESS OF THE LENGTH OF HIS ABSENCE, IS NOT SUFFICIENT TO OVERCOME THE PRESUMPTION THAT HE IS STILL LIVING UNLESS SO DETERMINED BY A COURT. CONSEQUENTLY, UNLESS AND UNTIL EVIDENCE IS RECEIVED BY US THAT YOUR LATE SON'S FATHER DIED PRIOR TO JANUARY 18, 1951, THERE IS NO LEGAL BASIS UPON WHICH YOUR CLAIM FOR THE BALANCE OF THE ESTATE DUE YOUR SON MAY BE CONSIDERED.