B-145500, NOV. 8, 1961

B-145500, NOV. 8, 1961

TO MR. GEORGE H. BARNER:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR TWO-THIRDS OF THE AMOUNT OF THE ESTATE OF YOUR BROTHER, MOSES BARNER, SERGEANT, UNITED STATES ARMY, RETIRED, WHO DIED MAY 30, 1960.

IN OUR LETTER DATED JUNE 2, 1961, WE ADVISED YOU THAT THE PAYMENT OF THE ARREARS OF RETIRED PAY AND THE CASH EFFECTS IN THE CASE OF YOUR LATE BROTHER TO CLYDE M. BARNER WAS CORRECT UNDER THE LAW AND THE FACTS BEFORE THIS OFFICE AT THE TIME THE PAYMENTS WERE MADE. SINCE YOUR REPRESENTATIONS RAISED SOME QUESTION AS TO THE TRUE RELATIONSHIP BETWEEN CLYDE M. BARNER AND YOUR DECEASED BROTHER, FURTHER INVESTIGATION WAS MADE. THERE HAS NOW BEEN RECEIVED IN THIS OFFICE A DELAYED CERTIFICATE OF BIRTH FROM THE STATE OF OKLAHOMA, DEPARTMENT OF HEALTH, FILED OCTOBER 25, 1961, CERTIFYING THAT CLYDE MARTHIL BARNER, BORN NOVEMBER 24, 1922, IS THE SON OF MOSES BARNER AND NANNIE GARRETT (MOTHER'S MAIDEN NAME). THIS CERTIFICATE IS SHOWN TO HAVE BEEN BASED UPON THE UNITED STATES CENSUS RECORD, SCHOOL RECORDS OF EL RENO, OKLAHOMA, AN ARMY DISCHARGE AND AN AFFIDAVIT OF PERSONAL KNOWLEDGE. SINCE THE PUBLIC RECORDS OF THE STATE OF OKLAHOMA SHOW THAT CLYDE M. BARNER IS THE SON OF MOSES BARNER AND SINCE HE, AS SON, STANDS HIGHER THAN YOU, AS BROTHER, ON THE LIST OF PERSONS ENTITLED UNDER THE PROVISIONS OF 10 U.S.C. 2771 TO THE AMOUNT DUE THE ESTATE, THE SETTLEMENTS IN FAVOR OF THE SON APPEAR TO HAVE BEEN CORRECT.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IS SUSTAINED.