B-120463, OCT. 24, 1960

B-120463: Oct 24, 1960

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REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF A GOVERNMENT CHECK WHICH YOU STATE WAS FORWARDED TO YOU DURING THE MONTH OF APRIL 1931. YOU SAY THE CHECK WAS SENT TO YOU VIA REGISTERED MAIL BEARING THE POSTMARK OF APRIL 8. YOU INDICATE THAT THE CHECK WAS ISSUED INCIDENT TO THE DEATH OF YOUR BROTHER. A REVIEW OF THE RECORDS OF OUR OFFICE DISCLOSES THAT THE CLAIM FOR THE PROCEED OF THE SAID CHECK WAS INITIALLY MADE HERE ON YOUR BEHALF BY MR. WHICH WAS RECEIVED IN OUR OFFICE ON DECEMBER 8. CONSIDERABLE CORRESPONDENCE WAS RECEIVED FROM MR. YOUR CLAIM FOR THE PROCEEDS OF THE CHECK WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF JANUARY 6. UPON YOUR REQUEST FOR REVIEW OF SUCH DISALLOWANCE THE MATTER WAS GIVEN THOROUGH CONSIDERATION AND THE DISALLOWANCE WAS SUSTAINED BY DECISION OF JULY 27.

B-120463, OCT. 24, 1960

TO ANGELINA BOLINA:

YOUR LETTER OF JULY 28, 1960, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF A GOVERNMENT CHECK WHICH YOU STATE WAS FORWARDED TO YOU DURING THE MONTH OF APRIL 1931. YOU SAY THE CHECK WAS SENT TO YOU VIA REGISTERED MAIL BEARING THE POSTMARK OF APRIL 8, 1931, BUT THAT YOU DID NOT RECEIVE IT, AND, THEREFORE, YOU REQUEST A SUBSTITUTE CHECK. YOU INDICATE THAT THE CHECK WAS ISSUED INCIDENT TO THE DEATH OF YOUR BROTHER, TOMAS BOLINA, WHO, YOU CONTEND, DIED OF A SERVICE-CONNECTED DISABILITY WHILE, AS YOU SAY,"IN THE (P.S.) UNITED STATES NAVY, AND PILOT OF THE UNITED AIR FORCE.'

A REVIEW OF THE RECORDS OF OUR OFFICE DISCLOSES THAT THE CLAIM FOR THE PROCEED OF THE SAID CHECK WAS INITIALLY MADE HERE ON YOUR BEHALF BY MR. JOHN GOOCH IN LETTER OF NOVEMBER 27, 1952, WHICH WAS RECEIVED IN OUR OFFICE ON DECEMBER 8, 1952. SUBSEQUENTLY, CONSIDERABLE CORRESPONDENCE WAS RECEIVED FROM MR. GOOCH AND YOU, TOGETHER WITH OTHER DOCUMENTS, FROM WHICH IT APPEARED THAT YOU HAD RECEIVED A CHECK, ENDORSED SAME BY "THUMB- MARKING" AND GAVE IT TO ONE MATEO RAMOS FOR CASHING.

YOUR CLAIM FOR THE PROCEEDS OF THE CHECK WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF JANUARY 6, 1954. UPON YOUR REQUEST FOR REVIEW OF SUCH DISALLOWANCE THE MATTER WAS GIVEN THOROUGH CONSIDERATION AND THE DISALLOWANCE WAS SUSTAINED BY DECISION OF JULY 27, 1954, B-120463, COPY OF WHICH IS ENCLOSED. WHILE OUR OFFICE HAS BEEN UNABLE TO ESTABLISH THAT THE CHECK REFERRED TO BY YOU ACTUALLY WAS ISSUED OUR ACTION WAS TAKEN ON THE BASIS OF YOUR ALLEGATIONS CONCERNING THE ISSUANCE, ENDORSEMENT AND NEGOTIATION OF THE CHECK AS STATED ABOVE. IF SUCH A CHECK HAD BEEN ISSUED AND NEGOTIATED IT WOULD HAVE BEEN DESTROYED PURSUANT TO THE AUTHORITY GRANTED UNDER THE PROVISIONS OF THE ACT OF JULY 7, 1943, 57 STAT. 380; HENCE A PHOTOSTATIC COPY COULD NOT BE MADE. NOR MAY A SUBSTITUTE CHECK BE ISSUED TO YOU.

YOU HAVE BEEN NOTIFIED IN PREVIOUS CORRESPONDENCE THAT THERE IS NO RECORD EITHER HERE OR IN THE VETERANS ADMINISTRATION THAT YOUR BROTHER TOMAS BOLINA SERVED IN THE ARMED FORCES OF THE UNITED STATES, CONSEQUENTLY WE ARE UNABLE TO FURNISH YOU WITH ANY INFORMATION REGARDING THE ALLEGED ISSUANCE OF SUCH CHECK.

OUR SETTLEMENT OF JANUARY 6, 1954, IS SUSTAINED AND FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSE.