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B-144178, DEC. 7, 1960

B-144178 Dec 07, 1960
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MARTHA LOUISE PURDY: REFERENCE IS MADE TO YOUR LETTERS DATED OCTOBER 31. 024.70 WAS MADE TO YOU AS EXECUTRIX OF THE WILL OF JAMES GRANT PURDY. YOUR PRESENT LETTERS INDICATE THAT YOU BELIEVE OUR ACTION IN THE MATTER WAS BASED ON RECORDS AND INFORMATION FURNISHED BY MAJOR SIMMONS. THEY ARE FALSE. OUR ACTION WAS BASED UPON THE OFFICIAL DEPARTMENT OF THE ARMY RECORDS AND. IN THE ABSENCE OF CONCLUSIVE EVIDENCE THAT SUCH RECORDS ARE IN ERROR OUR ACTION ON YOUR CLAIM NECESSARILY MUST BE GUIDED BY THE AVAILABLE OFFICIAL GOVERNMENT RECORDS PERTAINING TO THE CLAIM. THE RECORDS OF OUR OFFICE PERTAINING TO THIS SETTLEMENT HAVE BEEN DESTROYED UNDER AUTHORITY OF THE ACT OF JULY 7. ARE NO LONGER AVAILABLE FOR RE-EXAMINATION.

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B-144178, DEC. 7, 1960

TO MRS. MARTHA LOUISE PURDY:

REFERENCE IS MADE TO YOUR LETTERS DATED OCTOBER 31, NOVEMBER 6, AND NOVEMBER 30, 1960, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED OCTOBER 26, 1960. IN THAT DECISION WE SUSTAINED THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED SEPTEMBER 15, 1960, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF A TREASURY CHECK FOR $2,024.70 DRAWN TO YOUR ORDER.

YOUR PRESENT LETTERS DO NOT FURNISH ANY INFORMATION NOT CONSIDERED BY US IN REACHING THE DECISION OF OCTOBER 26, 1960. AS WE EXPLAINED TO YOU IN THAT LETTER THE DEPARTMENT OF THE ARMY RECORDS SHOW THAT PAYMENT OF $2,024.70 WAS MADE TO YOU AS EXECUTRIX OF THE WILL OF JAMES GRANT PURDY, DECEASED, ON VOUCHER NO. 107520, DATED OCTOBER 2, 1945, ACCOUNTS OF MAJOR E. M. SIMMONS, FC, SYMBOL NO. 212-005.

YOUR PRESENT LETTERS INDICATE THAT YOU BELIEVE OUR ACTION IN THE MATTER WAS BASED ON RECORDS AND INFORMATION FURNISHED BY MAJOR SIMMONS, AND YOU INSIST THAT IF HIS RECORDS SO SHOW, THEY ARE FALSE. OUR ACTION WAS BASED UPON THE OFFICIAL DEPARTMENT OF THE ARMY RECORDS AND, HENCE, DOES NOT INVOLVE THE MATTER OF THE VERACITY OF MAJOR SIMMONS BUT ONLY THE MATTER OF AN OFFICIAL GOVERNMENT RECORD OF PAYMENTS HE MADE IN THE NORMAL COURSE OF BUSINESS AS A DISBURSING OFFICER. IN THE ABSENCE OF CONCLUSIVE EVIDENCE THAT SUCH RECORDS ARE IN ERROR OUR ACTION ON YOUR CLAIM NECESSARILY MUST BE GUIDED BY THE AVAILABLE OFFICIAL GOVERNMENT RECORDS PERTAINING TO THE CLAIM.

REGARDING YOUR REFERENCE TO SETTLEMENT NO. 1532853, THE RECORDS OF OUR OFFICE PERTAINING TO THIS SETTLEMENT HAVE BEEN DESTROYED UNDER AUTHORITY OF THE ACT OF JULY 7, 1943, 57 STAT. 380, AS AMENDED, 44 U.S.C. 366-380, AND ARE NO LONGER AVAILABLE FOR RE-EXAMINATION.

ACCORDINGLY, SINCE OFFICIAL RECORDS SHOW THAT THE PAYMENT OF $2,024.70 WAS MADE TO YOU, AS EXECUTRIX OF THE WILL OF JAMES PURDY, DECEASED, AND IN THE ABSENCE OF ANY EVIDENCE TO REFUTE THE CORRECTNESS OF THOSE RECORDS, WE MUST AFFIRM OUR PRIOR ACTION IN THE MATTER. WE TRUST YOU WILL UNDERSTAND THERE IS NO FURTHER ACTION WE MAY TAKE IN THE CASE.

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