B-127951, JUN. 18, 1956

B-127951: Jun 18, 1956

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DANIELSON WAS GRANTED PERMISSION TO TAKE SICK LEAVE FROM THE U.S. BECAUSE OF ABANDONMENT OF HIS POSITION HE WAS. HE WAS SEPARATED FROM THE FEDERAL SERVICE. WHILE HE WAS ON ACTIVE DUTY WITH THE ARMY IN GERMANY. NEGOTIABLE PAPER OR MONEYS TO WHICH HE THEN OR THEREAFTER WAS ENTITLED. YOU ARE HOLDING A SALARY CHECK DATED JANUARY 26. BECAUSE YOU ARE ABLE TO DETERMINE WHETHER NAVCOMPT 045012-2 OR NAVCOMPT 042230-2-A IS APPLICABLE. OUR OPINION IS REQUESTED AS TO WHAT DISPOSITION SHOULD BE MADE OF THE SALARY CHECK. NAVCOMPT 045012-2 PROVIDES: "THE MAILING OF CHECKS TO THE PAYEE AND THE MAILING OR DELIVERY OF CHECKS TO OTHER THAN THE PAYEE IS PROHIBITED EXCEPT IN THE CASE OF AN EMPLOYEE ON AUTHORIZED ABSENCE FROM HIS NORMAL PLACE OF EMPLOYMENT.

B-127951, JUN. 18, 1956

TO MR. R. D. BUTLER, DISBURSING OFFICER, U.S. NAVAL AMMUNITION DEPOT:

YOUR LETTER OF MARCH 13, 1956, (FILE L6/1602/-RDB:TLF, SER 1914), AND SUBSEQUENT CORRESPONDENCE PRESENT FOR OUR CONSIDERATION THE PROPRIETY OF USING THE POWER OF ATTORNEY HELD BY MRS. DANIEL DANIELSON IN CONNECTION WITH HER CLAIM FOR THE SALARY AND LUMP-SUM LEAVE PAYMENT DUE HER SPOUSE WHO HAS DISAPPEARED.

ON JANUARY 20, 1956, MR. DANIEL A. DANIELSON WAS GRANTED PERMISSION TO TAKE SICK LEAVE FROM THE U.S. NAVAL AMMUNITION DEPOT. NEITHER THE DEPOT NOR THE LOCAL AUTHORITIES NOR HIS WIFE HAS HEARD FROM HIM SINCE THAT TIME. BECAUSE OF ABANDONMENT OF HIS POSITION HE WAS, EFFECTIVE MARCH 1, 1956, GIVEN A 30-DAY NOTICE OF SEPARATION, AND EFFECTIVE MARCH 30, 1956, HE WAS SEPARATED FROM THE FEDERAL SERVICE. BY LETTER DATED FEBRUARY 24, 1956, MRS. DANIEL DANIELSON, RESIDING AT 923 7TH STREET, BEDFORD, INDIANA, MADE A CLAIM TO THE COMMANDING OFFICER OF THE U. S. NAVAL AMMUNITION DEPOT FOR ANY WAGES DUE HER HUSBAND. IN SUPPORT OF HER CLAIM SHE ENCLOSED A CERTIFIED COPY OF A RECORDED POWER OF ATTORNEY DULY EXECUTED BY HER HUSBAND ON APRIL 10, 1945, WHILE HE WAS ON ACTIVE DUTY WITH THE ARMY IN GERMANY.

UNDER THAT POWER OF ATTORNEY DANIEL A. DANIELSON AUTHORIZED HIS WIFE, VENNETH DANIELSON, TO, AMONG OTHER THINGS, RECEIVE AND INDORSE CHECKS, AND TO DEPOSIT AND WITHDRAW IN EITHER HER NAME OR THEIR NAMES JOINTLY IN OR FROM ANY BANKING INSTITUTIONS, NEGOTIABLE PAPER OR MONEYS TO WHICH HE THEN OR THEREAFTER WAS ENTITLED.

YOUR LETTER STATES THAT NO EVIDENCE OF THE REVOCATION OF THAT POWER OF ATTORNEY HAS BEEN DISCOVERED. FURTHERMORE, UNDER THE INDIANA STATUTES, NO POWER OF ATTORNEY EXECUTED BY A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AFTER MARCH 6, 1945, SHALL BE REVOKED OR TERMINATED WITHOUT ACTUAL KNOWLEDGE OR ACTUAL NOTICE OF THE DEATH OF THE PRINCIPAL. BURNS INDIANA STATUTES 59-1201, 59-1205. ACCORDINGLY, AT PRESENT THE POWER OF ATTORNEY ISSUED TO VENNETH DANIELSON WOULD APPEAR TO BE A VALID AND SUBSISTING INSTRUMENT.

YOU ARE HOLDING A SALARY CHECK DATED JANUARY 26, 1956, DRAWN TO DANIEL A. DANIELSON FOR THE AMOUNT OF $63.44. BECAUSE YOU ARE ABLE TO DETERMINE WHETHER NAVCOMPT 045012-2 OR NAVCOMPT 042230-2-A IS APPLICABLE, OUR OPINION IS REQUESTED AS TO WHAT DISPOSITION SHOULD BE MADE OF THE SALARY CHECK. IN ADDITION, YOU REQUEST INSTRUCTIONS ON THE HANDLING OF THE $692 DUE MR. DANIELSON AS LUMP-SUM LEAVE PAYMENT.

NAVCOMPT 045012-2 PROVIDES:

"THE MAILING OF CHECKS TO THE PAYEE AND THE MAILING OR DELIVERY OF CHECKS TO OTHER THAN THE PAYEE IS PROHIBITED EXCEPT IN THE CASE OF AN EMPLOYEE ON AUTHORIZED ABSENCE FROM HIS NORMAL PLACE OF EMPLOYMENT; IN WHICH CASE, THE CHECKS MAY BE MAILED TO THE ADDRESS DESIGNATED IN WRITING OVER THE SIGNATURE OF THE PAYEE.'

THIS PROVISION DOES NOT APPLY HERE BECAUSE MR. DANIELSON HAS BEEN SEPARATED FROM FEDERAL SERVICE AND NO LONGER IS AN "EMPLOYEE" WITHIN THE MEANING OF THAT REGULATION.

NAVCOMPT 042230-2-A PROVIDES:

"ALL UNDELIVERED CHECKS WILL BE KEPT IN SECURE STORAGE FILED IN AN ORDER BEST SUITED FOR READY IDENTIFICATION WHEN CLAIMED OR FOR MAILING WHEN A PROPER ADDRESS IS ASCERTAINED.

THAT PROVISION CLEARLY IS APPLICABLE HERE. ACCORDINGLY, THE SALARY CHECK FOR THE AMOUNT OF $63.44, IF OTHERWISE CORRECT, MAY BE MAILED TO "DANIEL A. DANIELSON, CARE OF VENNETH DANIELSON, 923 7TH STREET, SEDFORD, INDIANA," ONLY AFTER SECTION 59-1202, BURNS INDIANA STATUTES, HAS BEEN COMPLIED WITH BY THE ATTORNEY IN FACT, THAT SECTION PROVIDING AS FOLLOWS:

"AN AFFIDAVIT, EXECUTED BY THE ATTORNEY IN FACT OR AGENT, SETTING FORTH THAT HE HAS OR HAS NOT, AT THE TIME OF DOING ANY ACT PURSUANT TO THE POWER OF ATTORNEY, RECEIVED ACTUAL KNOWLEDGE OR ACTUAL NOTICE OF THE REVOCATION OR TERMINATION OF THE POWER OF ATTORNEY, BY DEATH OR OTHERWISE, OR NOTICE OF ANY FACTS INDICATING THE SAME, SHALL IN THE ABSENCE OF FRAUD, BE CONCLUSIVE PROOF OF THE NONREVOCATION OR NONTERMINATION OF THE POWER AT SUCH TIME.'

TO PROVIDE THE UNITED STATES WITH THE BEST POSSIBLE ACQUITTANCE AND TO COMPLY WITH THE TERMS OF THE STATUTE, THE ATTORNEY IN FACT SHOULD EXECUTE THE AFFIDAVIT AS "VENNETH DANIELSON" AND "MRS. DANIEL A. DANIELSON.'

REGARDING THE LUMP-SUM LEAVE PAYMENT, A CHECK MAY BE DRAWN TO DANIEL A. DANIELSON FOR $692, IF THAT AMOUNT IS CORRECT. IN ALL OTHER RESPECTS, THIS CHECK SHOULD BE HANDLED IN ACCORDANCE WITH THE INSTRUCTIONS PRESCRIBED ABOVE FOR THE SALARY CHECK.