B-145742, JUN. 8, 1961

B-145742: Jun 8, 1961

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MARTIN FEINMANN: REFERENCE IS MADE TO YOUR LETTER OF APRIL 18. AN APPLICATION FOR THE ARREARS OF PAY IN THIS CASE WAS RECEIVED FROM MRS. FEINMAN WAS ALLOWED ONE-HALF OF THE ARREARS OF PAY DUE JOSEPH FEINMAN AT PRESUMPTIVE DATE OF DEATH. THE FOLLOWING NOTATION APPEARS ON THE CERTIFICATE WHICH WAS SENT TO HER: "THE AMOUNT DUE THE DECEDENT'S ESTATE IS APPROXIMATELY $2. YOUR CLAIM FOR THE SHARE RESERVED FOR YOU WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL FEBRUARY 15. YOU WERE THEN FURNISHED A COPY OF THE ACT OF OCTOBER 9. ADVISED THAT SINCE YOUR CLAIM WAS NOT RECEIVED WITHIN 10 YEARS AFTER THE DATE OF PRESUMPTIVE DEATH OF YOUR SON SUCH CLAIM WAS BARRED. YOU NOW INDICATE THAT YOU WERE NOT AWARE OF THE SHARE RESERVED FOR YOU UNTIL AFTER MRS.

B-145742, JUN. 8, 1961

TO MR. MARTIN FEINMANN:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 18, 1961, CONCERNING YOUR CLAIM, AS FATHER, FOR YOUR SHARE OF THE ARREARS OF PAY DUE JOSEPH FEINMAN AT PRESUMPTIVE DATE OF DEATH, OCTOBER 15, 1945, INCIDENT TO HIS SERVICE IN THE ARMY AS TECHNICAL SERGEANT.

AN APPLICATION FOR THE ARREARS OF PAY IN THIS CASE WAS RECEIVED FROM MRS. RAY FEINMAN, THE MOTHER OF THE DECEDENT. ON CERTIFICATE NO. 1238966, DATED MARCH 21, 1946, ISSUED BY OUR CLAIMS DIVISION, MRS. FEINMAN WAS ALLOWED ONE-HALF OF THE ARREARS OF PAY DUE JOSEPH FEINMAN AT PRESUMPTIVE DATE OF DEATH. THE FOLLOWING NOTATION APPEARS ON THE CERTIFICATE WHICH WAS SENT TO HER:

"THE AMOUNT DUE THE DECEDENT'S ESTATE IS APPROXIMATELY $2,319.32. THE AMOUNT HEREIN ALLOWED, REPRESENTS YOUR SHARE, A LIKE AMOUNT BEING RESERVED AS THE FATHER'S SHARE PENDING RECEIPT OF A CLAIM FROM HIM.'

YOUR CLAIM FOR THE SHARE RESERVED FOR YOU WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL FEBRUARY 15, 1961. YOU WERE THEN FURNISHED A COPY OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND ADVISED THAT SINCE YOUR CLAIM WAS NOT RECEIVED WITHIN 10 YEARS AFTER THE DATE OF PRESUMPTIVE DEATH OF YOUR SON SUCH CLAIM WAS BARRED.

YOU NOW INDICATE THAT YOU WERE NOT AWARE OF THE SHARE RESERVED FOR YOU UNTIL AFTER MRS. FEINMAN'S DEATH IN FEBRUARY 1961. HOWEVER, THAT FACT FURNISHES NO BASIS FOR THE PAYMENT OF YOUR CLAIM. THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, ARE SPECIFIC AND THEY APPLY TO ALL CLAIMANTS WITHOUT REGARD TO THE EXTENT OF THEIR KNOWLEDGE CONCERNING THE EXISTENCE OF THEIR CLAIMS. WE HAVE NO AUTHORITY TO MAKE ANY EXCEPTIONS OR GRANT ANY EXTENSION OF TIME WITHIN WHICH CLAIMS MAY BE FILED. YOUR RIGHT TO THE AMOUNT INVOLVED ACCRUED ON OCTOBER 15, 1945, THE DATE ON WHICH THE DETERMINATION WAS MADE THAT YOUR SON WAS PRESUMED TO BE DEAD, AND SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE UNTIL MORE THAN 10 YEARS AFTER THAT DATE, THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, PROHIBIT CONSIDERATION THEREOF. WE TRUST YOU WILL UNDERSTAND THAT THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.