B-132225, AUG. 28, 1957

B-132225: Aug 28, 1957

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KAY WATTS MUTSON: REFERENCE IS MADE TO YOUR LETTER DATED MAY 20. OF THE CLAIMS DIVISION HE WAS ALLOWED THE SUM OF $136.10 REPRESENTING HIS ONE-HALF SHARE OF THE ARREARS OF PAY DUE. THE REMAINING ONE-HALF SHARE WAS RESERVED FOR YOU PENDING THE RECEIPT OF A CLAIM BY YOU. YOUR CLAIM FOR SUCH SHARE WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 21. SUCH CLAIM WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9. THE CLAIMS DIVISION ADVISED YOU THAT SINCE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 21. FAVORABLE CONSIDERATION OF SUCH CLAIM WAS NOT AUTHORIZED BY THAT ACT. SINCE A CLAIM BY YOU WAS NOT FILED WITH THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM THAT DATE.

B-132225, AUG. 28, 1957

TO MRS. KAY WATTS MUTSON:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 20, 1957, CONCERNING YOUR CLAIM FOR AMOUNTS BELIEVED TO BE DUE IN THE CASE OF YOUR LATE SON, FRANCIS CARL MARKO, AS OF JANUARY 5, 1945, THE DATE OF THE RECEIPT OF EVIDENCE OF HIS DEATH WHILE SERVING AS AN ENLISTED MAN, U.S. NAVAL RESERVE. THERE ALSO HAS BEEN RECEIVED FROM THE DEPARTMENT OF THE NAVY YOUR LETTER DATED APRIL 29, 1957, TO THE SECRETARY OF THE NAVY RELATIVE TO THE SAME MATTER.

BY LETTER DATED MARCH 13, 1946, THE DEPARTMENT OF THE NAVY FORWARDED TO OUR CLAIMS DIVISION AN APPLICATION BY THE FATHER OF THE DECEDENT FOR THE ARREARS OF PAY DUE THE ESTATE OF YOUR LATE SON. BY SETTLEMENT DATED MAY 6, 1946, OF THE CLAIMS DIVISION HE WAS ALLOWED THE SUM OF $136.10 REPRESENTING HIS ONE-HALF SHARE OF THE ARREARS OF PAY DUE, AND THE REMAINING ONE-HALF SHARE WAS RESERVED FOR YOU PENDING THE RECEIPT OF A CLAIM BY YOU. YOUR CLAIM FOR SUCH SHARE WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 21, 1957. SUCH CLAIM WAS RETURNED TO YOU WITH A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, WHICH ACT PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES SHALL BE FOREVER BARRED UNLESS SUCH CLAIM BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. LATER, BY LETTER DATED APRIL 25, 1957, THE CLAIMS DIVISION ADVISED YOU THAT SINCE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 21, 1957, FAVORABLE CONSIDERATION OF SUCH CLAIM WAS NOT AUTHORIZED BY THAT ACT.

ANY RIGHT YOU HAD TO RECEIVE AMOUNTS ARISING OUT OF THE DEATH OF YOUR SON ACCRUED ON JANUARY 5, 1945, THE DATE OF THE RECEIPT OF EVIDENCE OF HIS DEATH. SINCE A CLAIM BY YOU WAS NOT FILED WITH THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS FROM THAT DATE, THE CONSIDERATION OF SUCH CLAIM IS PRECLUDED BY THE EXPRESS TERMS OF THE ACT OF OCTOBER 9, 1940. ACCORDINGLY, WE TRUST YOU WILL UNDERSTAND THAT WE ARE PROHIBITED BY LAW FROM NOW CONSIDERING YOUR CLAIM.