B-154145, AUG. 11, 1964

B-154145: Aug 11, 1964

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SAMBORSKY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 24. WE HAVE ALSO RECEIVED YOUR LETTER OF JULY 8. IS BASED ON CORRECTION OF THE LATE SERVICEMAN'S MILITARY RECORD AS RECOMMENDED BY THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS UNDER THE PROVISIONS OF 10 U.S.C. 1552. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORDS SHOW THAT YOUR FATHER RECEIVED ALL PAY AND ALLOWANCES DUE AND BECAUSE THE 1919 ACT PROVIDES THAT SUCH BONUS PAYMENT SHALL NOT BE MADE TO THE HEIRS OR LEGAL REPRESENTATIVES OF ANY PERSON ENTITLED TO PAY WHO DIED PRIOR TO RECEIVING SUCH PAYMENT. THE RIGHT TO PAYMENT OF THE BONUS WAS PERSONAL TO THE VETERAN. THE ACTION TAKEN BY OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM WAS PROPER AND IS SUSTAINED.

B-154145, AUG. 11, 1964

TO MR. ANDREW M. SAMBORSKY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 24, 1964, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 6, 1964, WHICH DISALLOWED YOUR CLAIM FOR MONETARY BENEFITS BY VIRTUE OF THE CORRECTION OF THE MILITARY RECORDS OF YOUR FATHER, THE LATE ANDREW SAMBORSKY, INCIDENT TO HIS SERVICE IN WORLD WAR I. WE HAVE ALSO RECEIVED YOUR LETTER OF JULY 8, 1964, WITH AN ENCLOSED COPY OF A LETTER DATED JUNE 19, 1964, TO YOU, FROM THE OFFICE OF THE ADJUTANT GENERAL, ARMORY OF MOUNTED COMMANDS, STATE OF RHODE ISLAND.

YOUR CLAIM FOR AMOUNTS BELIEVED DUE YOUR FATHER ON DISCHARGE FROM THE SERVICE ON JANUARY 22, 1919, IS BASED ON CORRECTION OF THE LATE SERVICEMAN'S MILITARY RECORD AS RECOMMENDED BY THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS UNDER THE PROVISIONS OF 10 U.S.C. 1552, TO SHOW THAT HE HAD BEEN SEPARATED FROM THE ARMY ON A CERTIFICATE OF HONORABLE DISCHARGE ON JANUARY 22, 1919, IN LIEU OF A CERTIFICATE OF DISCHARGE CONSIDERED OTHER THAN HONORABLE IN CHARACTER ISSUED TO HIM ON THAT DATE.

OUR CLAIMS DIVISION CONSTRUED YOUR CLAIM AS A CLAIM FOR ARREARS OF PAY INCIDENT TO YOUR FATHER'S SERVICE AND FOR THE DISCHARGE GRATUITY OR BONUS OF $60 AUTHORIZED BY SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, 40 STAT. 1151, SUCH CLAIMS BEING FOR SETTLEMENT BY THIS OFFICE. SETTLEMENT DATED APRIL 6, 1964, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORDS SHOW THAT YOUR FATHER RECEIVED ALL PAY AND ALLOWANCES DUE AND BECAUSE THE 1919 ACT PROVIDES THAT SUCH BONUS PAYMENT SHALL NOT BE MADE TO THE HEIRS OR LEGAL REPRESENTATIVES OF ANY PERSON ENTITLED TO PAY WHO DIED PRIOR TO RECEIVING SUCH PAYMENT.

UNDER SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, THE RIGHT TO PAYMENT OF THE BONUS WAS PERSONAL TO THE VETERAN. THEREFORE, SINCE HE DIED WITHOUT RECEIVING PAYMENT, THE LAW PRECLUDES PAYMENT OF THE BONUS TO THE ESTATE OR HEIRS OF THE DECEASED. 26 COMP. DEC. 1038. ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM WAS PROPER AND IS SUSTAINED.

HOWEVER, IT NOW APPEARS FROM THE ENCLOSURES RECEIVED WITH YOUR LETTER OF APRIL 24, 1964, THAT YOUR CLAIM IS ALSO FOR BENEFITS UNDER THE PROVISIONS OF THE WORLD WAR ADJUSTED COMPENSATION ACT DATED MAY 19, 1924, 43 STAT. 121, AS AMENDED BY THE ACT OF JULY 3, 1926, 44 STAT. 826, WHICH PROVIDES THAT A VETERAN MAY RECEIVE BENEFITS TO WHICH HE IS ENTITLED BY MAKING AN APPLICATION CLAIMING SUCH BENEFITS FILED WITH THE SECRETARY OF WAR (NOW SECRETARY OF THE ARMY). SINCE A CLAIM FOR SUCH BENEFITS INVOLVES A MATTER WITHIN THE COGNIZANCE OF THE DEPARTMENT OF THE ARMY IN THE FIRST INSTANCE, WE HAVE TODAY FORWARDED COPIES OF YOUR CLAIM AND SUPPORTING PAPERS, TO THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, FOR SUCH ACTION AS HE MAY DEEM APPROPRIATE.

FURTHER CORRESPONDENCE CONCERNING THE CLAIM SHOULD BE ADDRESSED TO THAT OFFICE.