B-151137, JUN. 29, 1964
Highlights
WILLIAM MIDGETTE: REFERENCE IS MADE TO YOUR LETTER OF MAY 27. DECLARATION FOR PENSION OR FOR INCREASE OF PENSION OF CHILDREN UNDER SIXTEEN YEARS OF AGE" WHICH WAS EXECUTED BY FRANCES MIDGETTE AND LILLIAN MIDGETTE ON APRIL 12. IT WAS SHOWN IN SUCH DECLARATION THAT FRANCES MIDGETTE WAS BORN IN DECEMBER 1873 AND THAT NO PRIOR APPLICATION HAD BEEN FILED. WE HAVE FOUND NO OTHER INFORMATION CONCERNING THE FILING BY FRANCES MIDGETTE OF A CLAIM IN THIS CASE. IT IS CONSIDERED APPROPRIATE TO CALL YOUR ATTENTION TO OUR LETTER OF APRIL 26. IN WHICH YOU WERE ADVISED THAT YOUR CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF DECEMBER 22. SINCE SUCH CLAIM WAS NOT RECEIVED IN THE OFFICE OF THE AUDITOR OF THE WAR DEPARTMENT (NOW SUPERSEDED BY THE GENERAL ACCOUNTING OFFICE) ON OR BEFORE DECEMBER 31.
B-151137, JUN. 29, 1964
TO MR. WILLIAM MIDGETTE:
REFERENCE IS MADE TO YOUR LETTER OF MAY 27, 1964, CONCERNING AMOUNTS WHICH YOU BELIEVE TO BE DUR INCIDENT TO THE SERVICE OF YOUR GRANDFATHER, JAMES ELDON MIDGETTE, IN THE UNION ARMY DURING THE CIVIL WAR. YOU SAY THAT YOU WOULD LIKE TO KNOW WHETHER YOUR "AUNT FRANCES" FILED A CLAIM IN 1875.
OUR RECORDS SHOW THAT WITH YOUR LETTER OF APRIL 16, 1963, YOU ENCLOSED A PHOTOCOPY OF ,DECLARATION FOR PENSION OR FOR INCREASE OF PENSION OF CHILDREN UNDER SIXTEEN YEARS OF AGE" WHICH WAS EXECUTED BY FRANCES MIDGETTE AND LILLIAN MIDGETTE ON APRIL 12, 1924. IT WAS SHOWN IN SUCH DECLARATION THAT FRANCES MIDGETTE WAS BORN IN DECEMBER 1873 AND THAT NO PRIOR APPLICATION HAD BEEN FILED. WE HAVE FOUND NO OTHER INFORMATION CONCERNING THE FILING BY FRANCES MIDGETTE OF A CLAIM IN THIS CASE.
IN THIS CONNECTION, IT IS CONSIDERED APPROPRIATE TO CALL YOUR ATTENTION TO OUR LETTER OF APRIL 26, 1963, IN WHICH YOU WERE ADVISED THAT YOUR CLAIM IS BARRED BY THE PROVISIONS OF THE ACT OF DECEMBER 22, 1911, CH. 6, 37 STAT. 49, SINCE SUCH CLAIM WAS NOT RECEIVED IN THE OFFICE OF THE AUDITOR OF THE WAR DEPARTMENT (NOW SUPERSEDED BY THE GENERAL ACCOUNTING OFFICE) ON OR BEFORE DECEMBER 31, 1912. WE ALSO ADVISED YOU THAT THE FILING OF A CLAIM PRIOR TO DECEMBER 31, 1912, BY A SOLDIER INCIDENT TO HIS SERVICE IN THE UNION ARMY DURING THE CIVIL WAR, BY HIS HEIRS, OR BY HIS LEGAL REPRESENTATIVES, DID NOT AUTHORIZE THE AUDITOR TO RECEIVE OR TO CONSIDER A CLAIM FILED AFTER THAT DATE BY OTHER HEIRS OR BY LEGAL REPRESENTATIVES OF THE SOLDIER. IN OTHER WORDS, EVEN IF IT COULD BE ESTABLISHED THAT A CLAIM WAS FILED IN THIS CASE BY YOUR AUNT OR BY SOME OTHER MEMBER OF YOUR FAMILY THAT FACT WOULD NOT AUTHORIZE US TO CONSIDER THE CLAIM THAT YOU HAVE PRESENTED.