B-129383, NOV. 29, 1956

B-129383: Nov 29, 1956

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FLORES: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 17. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT SUCH ALLOWANCE COULD NOT BE PAID FOR ANY PERIOD PRIOR TO THE DATE THE APPLICATION FOR SUCH ALLOWANCE WAS FILED. IT WAS PROVIDED IN SECTION 104 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942. WHICH DETERMINATION WAS FINAL AND CONCLUSIVE AND NOT SUBJECT TO REVIEW BY ANY COURT OR BY ANY ACCOUNTING OFFICER OF THE GOVERNMENT. THAT THERE IS NO RECORD OF AN APPLICATION FOR SUCH ALLOWANCE HAVING BEEN RECEIVED FROM YOU PRIOR TO JANUARY 30. IT MAY NOT BE CONSIDERED THAT SUCH AN APPLICATION WAS FILED BY YOU PRIOR TO JANUARY 30. PAYMENT OF YOUR CLAIM IS NOT AUTHORIZED ON THE PRESENT RECORD AND THE SETTLEMENT OF SEPTEMBER 28.

B-129383, NOV. 29, 1956

TO MR. VINCENT M. FLORES:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 17, 1956, REQUESTING RECONSIDERATION OF SETTLEMENT DATED SEPTEMBER 28, 1955, OF OUR CLAIMS DIVISION, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL FAMILY ALLOWANCE BELIEVED TO BE DUE ON ACCOUNT OF A DEPENDENT WIFE FOR THE PERIOD AUGUST 1942 THROUGH MAY 1948, AND FOR TWO DEPENDENT CHILDREN FOR THE PERIOD AUGUST 1942 THROUGH DECEMBER 1945.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT SUCH ALLOWANCE COULD NOT BE PAID FOR ANY PERIOD PRIOR TO THE DATE THE APPLICATION FOR SUCH ALLOWANCE WAS FILED.

IT WAS PROVIDED IN SECTION 104 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, THAT A MONTHLY FAMILY ALLOWANCE SHOULD BE GRANTED AND PAID TO THE DEPENDENT OR DEPENDENTS OF AN ENLISTED MAN UPON WRITTEN APPLICATION TO THE DEPARTMENT CONCERNED MADE BY SUCH ENLISTED MAN OR ON BEHALF OF SUCH DEPENDENT OR DEPENDENTS. WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, SECTION 107 PROVIDED THAT PAYMENT OF THE FAMILY ALLOWANCE WOULD COMMENCE UPON THE FILING OF AN APPLICATION FOR THE ALLOWANCE. SECTION 112 OF THE ACT PROVIDED THAT THE DETERMINATION OF ALL FACTS, INCLUDING THE FACT OF DEPENDENCY, SHOULD BE MADE BY THE SECRETARY OF THE DEPARTMENT CONCERNED, WHICH DETERMINATION WAS FINAL AND CONCLUSIVE AND NOT SUBJECT TO REVIEW BY ANY COURT OR BY ANY ACCOUNTING OFFICER OF THE GOVERNMENT.

WHILE YOU SAY THAT WHEN YOU ENTERED THE ARMY ON AUGUST 7, 1942, YOU SUBMITTED AN APPLICATION FOR FAMILY ALLOWANCE TO THE 301ST ARTILLERY, SHIP AND GUN CREW, APO 922, TOWNSVILLE, AUSTRALIA, IT APPEARS FROM A COPY OF A LETTER DATED MARCH 9, 1955, SENT TO YOU BY THE DEPARTMENT OF THE ARMY, THAT THERE IS NO RECORD OF AN APPLICATION FOR SUCH ALLOWANCE HAVING BEEN RECEIVED FROM YOU PRIOR TO JANUARY 30, 1946. SINCE IN THE SETTLEMENT OF CLAIMS OF THIS NATURE WE NECESSARILY MUST RELY UPON THE RECORDS OF THE DEPARTMENT OF THE ARMY, IT MAY NOT BE CONSIDERED THAT SUCH AN APPLICATION WAS FILED BY YOU PRIOR TO JANUARY 30, 1946.

ACCORDINGLY, PAYMENT OF YOUR CLAIM IS NOT AUTHORIZED ON THE PRESENT RECORD AND THE SETTLEMENT OF SEPTEMBER 28, 1955, DISALLOWING YOUR CLAIM, IS SUSTAINED.