B-59917, MAY 31, 1961

B-59917: May 31, 1961

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CLYDE REEDY: REFERENCE IS MADE TO YOUR LETTER OF APRIL 17. HER ATTORNEY WAS INFORMED THAT BY SETTLEMENT OF NOVEMBER 19. NICHOLAS HAD BEEN ALLOWED $255.53 REPRESENTING ONE-HALF OF THE AMOUNT DUE HER SON'S ESTATE AND THAT THE REMAINING SHARE WAS RESERVED PENDING RECEIPT OF EVIDENCE ON WHICH SHE BASED HER ALLEGATION THAT THE FATHER HAD ABANDONED SUPPORT OF HIS FAMILY. NICHOLAS WAS NOT RECEIVED IN TIME TO PERMIT ITS CONSIDERATION PRIOR TO THE ENACTMENT OF THE ACT OF FEBRUARY 25. THE NEW LAW CONTAINED NO ABANDONMENT PROVISION BUT PROVIDED WITHOUT CONDITION THAT WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE AND THE DECEDENT IS NOT SURVIVED BY A WIDOW OR DESCENDENTS. UNDER THE PROVISIONS OF 4 GAO 2020.10 (GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL) CLAIMS WILL BE CONSIDERED BY OUR OFFICE ONLY WHEN PRESENTED IN WRITING OVER THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OVER THE SIGNATURE OF THE CLAIMANT'S AUTHORIZED AGENT OR ATTORNEY.

B-59917, MAY 31, 1961

TO MR. CLYDE REEDY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 17, 1961, ACKNOWLEDGING RECEIPT OF LETTER OF MARCH 24, 1961, FROM OUR CLAIMS DIVISION, CONCERNING THE CLAIM OF MRS. MARGARET E. NICHOLAS FOR THE REMAINING ONE-HALF OF THE ARREARS OF PAY DUE IN THE CASE OF HER DECEASED SON, ROBERT OWEN NICHOLAS, LIEUTENANT, UNITED STATES NAVAL RESERVE.

IN DECISION DATED JANUARY 22, 1947, B-59917, HER ATTORNEY WAS INFORMED THAT BY SETTLEMENT OF NOVEMBER 19, 1945, CERTIFICATE NO. 1195033, MRS. NICHOLAS HAD BEEN ALLOWED $255.53 REPRESENTING ONE-HALF OF THE AMOUNT DUE HER SON'S ESTATE AND THAT THE REMAINING SHARE WAS RESERVED PENDING RECEIPT OF EVIDENCE ON WHICH SHE BASED HER ALLEGATION THAT THE FATHER HAD ABANDONED SUPPORT OF HIS FAMILY. THE EVIDENCE SUBMITTED BY MRS. NICHOLAS WAS NOT RECEIVED IN TIME TO PERMIT ITS CONSIDERATION PRIOR TO THE ENACTMENT OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, WHICH REPEALED AND SUPERSEDED THE ACT OF MAY 27, 1908, AS AMENDED, 34 U.S.C.A. 941. THE NEW LAW CONTAINED NO ABANDONMENT PROVISION BUT PROVIDED WITHOUT CONDITION THAT WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE AND THE DECEDENT IS NOT SURVIVED BY A WIDOW OR DESCENDENTS, PAYMENT MAY BE MADE TO THE FATHER AND MOTHER IN EQUAL PARTS AND IF EITHER THE FATHER OR MOTHER BE DEAD, THEN TO THE ONE SURVIVING.

IN MRS. NICHOLAS' LETTER OF JANUARY 6, 1961, TO YOU, WHICH YOU FORWARDED TO THE CHIEF OF THE BUREAU OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, SHE SAYS THAT THE FATHER OF THE OFFICER DIED DECEMBER 7, 1960, AND SHE ASKS YOUR HELP OBTAINING THE REMAINING ONE-HALF SHARE RESERVED FOR THE FATHER.

UNDER THE PROVISIONS OF 4 GAO 2020.10 (GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL) CLAIMS WILL BE CONSIDERED BY OUR OFFICE ONLY WHEN PRESENTED IN WRITING OVER THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OVER THE SIGNATURE OF THE CLAIMANT'S AUTHORIZED AGENT OR ATTORNEY. SINCE MRS. NICHOLAS' ORIGINAL CLAIM FILED HERE IN 1945 FOR ALL ARREARS OF PAY DUE HER SON HAS BEEN DESTROYED IN ACCORDANCE WITH EXISTING LAW AUTHORIZING THE DESTRUCTION OF OLD RECORDS, WE MAY NOT BASE ANY SETTLEMENT ACTION ON THE PRESENT RECORDS. IN VIEW OF THE INFORMATION NOW BEFORE US, HOWEVER, IF MRS. NICHOLAS WILL SUBMIT A NEW CLAIM FOR THE REMAINING ONE-HALF SHARE OF THE ARREARS OF PAY RESERVED FOR THE FATHER, AS STATED IN THE ABOVE- MENTIONED DECISION OF JANUARY 22, 1947, TOGETHER WITH A CERTIFIED COPY OF THE FATHER'S DEATH CERTIFICATE, WE WILL GIVE THE CLAIM CONSIDERATION NOTWITHSTANDING THE DESTRUCTION OF THE RECORDS.