B-128165, JUL. 19, 1956

B-128165: Jul 19, 1956

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PAULA DE LA CERNA: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 11. SINCE WE HAVE BEEN UNABLE TO LOCATE ANY CLAIM PRESENTED BY YOU TO US WITHIN THE 10-YEAR PERIOD. THERE IS NO BASIS FOR THE CONSIDERATION OF YOUR CLAIM FOR ARREARS OF PAY IN CONNECTION WITH THE NAVAL SERVICE OF YOUR LATER BROTHER. THAT SINCE THE RECORD SHOWS THAT YOUR BROTHER WAS SURVIVED BY A SON. WHILE SETTLEMENT RECORDS ARE NO LONGER AVAILABLE. PRESUMABLY THE AMOUNT DUE WAS ALLOWED TO THE HEIR ENTITLED TO RECEIVE SUCH SUM.

B-128165, JUL. 19, 1956

TO MRS. PAULA DE LA CERNA:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 11, 1956, CONCERNING YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE INCIDENT TO THE NAVAL SERVICE OF YOUR BROTHER, APOLINAR DE LA CERNA (LISTED ON NAVAL RECORDS AS DILAICERNA), WHO DIED JUNE 10, 1935.

BY LETTER DATED MARCH 13, 1956, OUR CLAIMS DIVISION FORWARDED TO YOU A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH PROVIDES THAT A CLAIM AGAINST THE UNITED STATES SHALL BE FOREVER BARRED UNLESS SUCH CLAIM SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.

ACCORDINGLY, SINCE WE HAVE BEEN UNABLE TO LOCATE ANY CLAIM PRESENTED BY YOU TO US WITHIN THE 10-YEAR PERIOD, THERE IS NO BASIS FOR THE CONSIDERATION OF YOUR CLAIM FOR ARREARS OF PAY IN CONNECTION WITH THE NAVAL SERVICE OF YOUR LATER BROTHER. IT MAY BE STATED, HOWEVER, THAT SINCE THE RECORD SHOWS THAT YOUR BROTHER WAS SURVIVED BY A SON, HE WOULD TAKE PRECEDENCE OVER A SISTER IN THE SETTLEMENT OF THE DECEDENT'S ACCOUNT. WHILE SETTLEMENT RECORDS ARE NO LONGER AVAILABLE, PRESUMABLY THE AMOUNT DUE WAS ALLOWED TO THE HEIR ENTITLED TO RECEIVE SUCH SUM.