B-127110, APR. 6, 1956

B-127110: Apr 6, 1956

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JUSTINA BURGOS: REFERENCE IS MADE TO A LETTER DATED DECEMBER 22. ON THE BASIS THAT HIS MARRIAGE TO YOU WAS NOT VALID. RECONSIDERATION AS TO THE SET OFF IS REQUESTED ON THE BASIS OF AN ENCLOSED PHOTOSTATIC COPY OF A STATEMENT DATED SEPTEMBER 15. TO THE EFFECT THAT HE WAS MARRIED TO YOU ON MARCH 11. GITTINGS SUGGESTING THAT A COPY OF THE DIVORCE DECREE FROM FUFO LIBED WAS ON FILE IN THE DEPARTMENT OF THE NAVY. AN EXAMINATION OF THAT FILE DOES NOT DISCLOSE THAT THE DECEDENT WAS DIVORCED FROM CORALIA CARVAGAL LIBED. WAS CORRECT AND IS SUSTAINED.

B-127110, APR. 6, 1956

TO MRS. JUSTINA BURGOS:

REFERENCE IS MADE TO A LETTER DATED DECEMBER 22, 1955, WRITTEN ON YOUR BEHALF BY THOMAS M. GITTINGS, JR., OF THE LAW OFFICES OF KING AND KING, CONCERNING THE SETOFF OF $570 FROM THE SUM OF $624.30, OTHERWISE DUE YOU AS THE ADMINISTRATRIX OF THE ESTATE OF EDUARDO LIBED, DECEASED, FORMER STEWARD, UNITED STATES NAVY (RETIRED), FOR ADJUSTED RETAINER PAY FOR THE PERIOD JULY 13, 1945, TO JULY 30, 1945. THE SETOFF REPRESENTS THE OVERPAYMENT OF FAMILY ALLOWANCE TO YOU AS THE WIFE OF THE DECEDENT FOR THE PERIOD NOVEMBER 1, 1943, TO NOVEMBER 15, 1945, ON THE BASIS THAT HIS MARRIAGE TO YOU WAS NOT VALID.

IN THE LETTER OF DECEMBER 22, 1955, RECONSIDERATION AS TO THE SET OFF IS REQUESTED ON THE BASIS OF AN ENCLOSED PHOTOSTATIC COPY OF A STATEMENT DATED SEPTEMBER 15, 1941, BY THE DECEDENT, TO THE EFFECT THAT HE WAS MARRIED TO YOU ON MARCH 11, 1941, HAVING BEEN DIVORCED FROM HIS FIRST WIFE, FUFO LIBED, IN APRIL 1936, AT HAVANA, CUBA, AND FROM HIS SECOND WIFE, CORALIA CARVAGAL LIBED, IN DECEMBER 1940, IN REGALA, CUBA. ALSO, THERE HAS BEEN RECEIVED A LETTER FROM MR. GITTINGS SUGGESTING THAT A COPY OF THE DIVORCE DECREE FROM FUFO LIBED WAS ON FILE IN THE DEPARTMENT OF THE NAVY.

THE DEPARTMENT OF THE NAVY HAS FORWARDED TO US THE DECEDENT'S COMPLETE FAMILY ALLOWANCE FILE, WHICH INCLUDES A COPY OF A DIVORCE DECREE TERMINATING THE MARRIAGE BETWEEN THE DECEDENT AND FUFO LIBED. HOWEVER, AN EXAMINATION OF THAT FILE DOES NOT DISCLOSE THAT THE DECEDENT WAS DIVORCED FROM CORALIA CARVAGAL LIBED, WHO IT APPEARS HE MARRIED IN 1937. ACCORDINGLY, UPON THE BASIS OF THE PRESENT RECORD, THE ACTION OF SETTING OFF THE SUM OF $570 FROM THE AMOUNT OF $624.30 OTHERWISE DUE YOU AS ADMINISTRATRIX OF THE ESTATE OF THE DECEDENT, WAS CORRECT AND IS SUSTAINED.