B-131665, MAY 14, 1957

B-131665: May 14, 1957

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ESQUIRE: REFERENCE IS MADE TO YOUR LETTER OF APRIL 1. IT BEING STATED BY YOU THAT SUCH LETTER WAS RECEIVED BY THE FINANCE CENTER ON NOVEMBER 26. YOU ARE ENTITLED TO CLAIM AND RECEIVE PAYMENT IN THAT CAPACITY. THE AMOUNT OF $102.14 WAS CERTIFIED FOR PAYMENT TO MRS. WHICH WAS RECEIVED BY THE RETIRED PAY DIVISION ON NOVEMBER 26. WHICH WAS RECEIVED BY THE GENERAL ACCOUNTING OFFICE ON DECEMBER 17. WITH THAT CLAIM THERE WAS TRANSMITTED CHECK NO. 2. THE SETTLEMENT ACTIONS IN THIS CASE WERE TAKEN PURSUANT TO THE PROVISIONS OF THE ACT OF JULY 12. IT WILL BE SEEN THAT WE WERE WITHOUT KNOWLEDGE OF YOUR APPOINTMENT AT THE TIME SUCH SETTLEMENT ACTION WAS TAKEN. THE ACTION TAKEN APPEARS TO HAVE BEEN CORRECT ON THE BASIS OF THE RECORD BEFORE OUR OFFICE AND IT IS HEREBY SUSTAINED.

B-131665, MAY 14, 1957

TO HAL D. MURTLAND, ESQUIRE:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 1, 1957, WHEREIN AS ADMINISTRATOR OF THE ESTATE OF EMIL C. HARER, U.S. ARMY, RETIRED, DECEASED, YOU SUBMITTED A CLAIM FOR THE SUM OF $102.14, REPRESENTING RETIRED PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH ON AUGUST 17, 1956. IN SUPPORT OF YOUR CLAIM YOU REFERRED TO CERTAIN CORRESPONDENCE WITH THE RETIRED PAY DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, IN WHICH YOU INFORMED THEM OF YOUR APPOINTMENT AS ADMINISTRATOR IN THIS CASE, IT BEING STATED BY YOU THAT SUCH LETTER WAS RECEIVED BY THE FINANCE CENTER ON NOVEMBER 26, 1956. YOU SUGGEST THAT, SINCE YOU GAVE PROPER NOTICE OF YOUR APPOINTMENT AS ADMINISTRATOR, YOU ARE ENTITLED TO CLAIM AND RECEIVE PAYMENT IN THAT CAPACITY.

IT APPEARS FROM THE RECORDS THAT THE FINANCE CENTER, U.S. ARMY, TRANSMITTED HERE A CLAIM DATED OCTOBER 25, 1956, BY MRS. ELLEN S. MERK, AS THE SISTER OF THE DECEASED, FOR PAYMENT OF THE ARREARS OF PAY DUE THE DECEDENT, THE CLAIM BEING RECEIVED IN OUR CLAIMS DIVISION ON NOVEMBER 8, 1956. UNDER DATE OF NOVEMBER 26, 1956, THE AMOUNT OF $102.14 WAS CERTIFIED FOR PAYMENT TO MRS. MERK, NO OTHER CLAIM FOR SUCH AMOUNT HAVING BEEN RECEIVED IN THE GENERAL ACCOUNTING OFFICE AT THAT TIME. THE FINANCE CENTER, U.S. ARMY, THEREAFTER TRANSMITTED HERE YOUR CLAIM AS ADMINISTRATOR OF THE ESTATE OF EMIL C. HARER, DECEASED, WHICH WAS RECEIVED BY THE RETIRED PAY DIVISION ON NOVEMBER 26, 1956, AND WHICH WAS RECEIVED BY THE GENERAL ACCOUNTING OFFICE ON DECEMBER 17, 1956, ACCOMPANIED BY A CERTIFICATE DATED NOVEMBER 16, 1956, BY THE CLERK OF THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF PIERCE, SHOWING YOUR APPOINTMENT AS SUCH ADMINISTRATOR. WITH THAT CLAIM THERE WAS TRANSMITTED CHECK NO. 2,727,661, DATED JULY 31, 1956, IN FAVOR OF THE DECEASED IN THE AMOUNT OF $171.79, AND UNDER DATE OF JANUARY 14, 1957, OUR CLAIMS DIVISION CERTIFIED THAT AMOUNT FOR PAYMENT TO YOU AS ADMINISTRATOR.

THE SETTLEMENT ACTIONS IN THIS CASE WERE TAKEN PURSUANT TO THE PROVISIONS OF THE ACT OF JULY 12, 1955, 69 STAT. 295, 37 U.S.C.361-365, WHICH PROVIDES, INTER ALIA, THAT, SUBJECT TO SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY THE COMPTROLLER GENERAL OF THE UNITED STATES, AMOUNTS PAYABLE TO BENEFICIARIES DESIGNATED BY THE MEMBERS OF THE UNIFORMED SERVICES SHALL BE PAID BY THE DEPARTMENT OR UNIFORMED SERVICE CONCERNED, AND THAT ALL OTHER PAYMENTS UNDER THE ACT SHALL BE MADE UPON SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE. SECTION 3 OF THE ACT PROVIDES:

"* * * ANY PAYMENT MADE UNDER THIS ACT SHALL BE A BAR TO RECOVERY BY ANY OTHER PERSON OF ANY AMOUNT SO PAID.'

NOTWITHSTANDING YOUR SUGGESTION THAT WE OVERLOOKED THE FACT OF YOUR APPOINTMENT AS ADMINISTRATOR WHEN WE CERTIFIED THE AMOUNT OF $102.14 FOR PAYMENT TO MRS. MERK, IT WILL BE SEEN THAT WE WERE WITHOUT KNOWLEDGE OF YOUR APPOINTMENT AT THE TIME SUCH SETTLEMENT ACTION WAS TAKEN. THE ACTION TAKEN APPEARS TO HAVE BEEN CORRECT ON THE BASIS OF THE RECORD BEFORE OUR OFFICE AND IT IS HEREBY SUSTAINED. THE QUOTED LANGUAGE OF THE STATUTE PRECLUDES ANY FURTHER ALLOWANCE IN THIS CASE.

IN CONNECTION WITH THE FOREGOING MATTER, YOUR ATTENTION IS INVITED TO THE HOLDINGS IN THE CASES OF KEOWN V. UNITED STATES, 191 F.2D 438, AND SCAMMAN V. SCAMMAN, 90 N.E.2D 617.