B-74903, AUG. 2, 1955

B-74903, AUG. 2, 1955

TO STONEY AND CROSLAND, ATTORNEYS AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 9, 1955, RELATIVE TO THE CLAIM OF MRS. GUENDELYNE ZUBOS BOWERS FOR ARREARS OF PAY AND SIX MONTHS' DEATH GRATUITY IN THE CASE OF WALTER ZUBOS, LATE CHIEF YEOMAN (PA), UNITED STATES NAVY.

YOU ASK TO BE ADVISED AS TO THE BASIS UPON WHICH THE GOVERNMENT REFUSES TO MAKE FURTHER PAYMENTS TO MRS. BOWERS.

ON SEVERAL OCCASIONS MRS. BOWERS HAS BEEN ADVISED THAT SINCE PAYMENT OF THE ARREARS OF PAY AND SIX MONTHS' DEATH GRATUITY HAD BEEN MADE TO THE PERSON WHOM THE DECEDENT, BY HIS REPRESENTATIONS TO THE DEPARTMENT OF THE NAVY AS TO HIS HEIRS AND BENEFICIARIES, LED THE GOVERNMENT TO BELIEVE WAS ENTITLED TO SUCH SUMS, THE UNITED STATES IS NOT REQUIRED TO MAKE A SECOND PAYMENT OF A LIKE AMOUNT, CITING UNITED STATES V. CAMPBELL, 139 F.2D 424. THAT CASE HELD THAT "PAYMENT OF THE PROCEEDS OF THE (GOVERNMENT) INSURANCE TO THE WRONG PERSON BECAUSE OF MISREPRESENTATIONS OF THE INSURED PRECLUDED A SECOND PAYMENT AT THE SUIT OF THE ADMINISTRATOR OF THE VETERANS'S ESTATE.'

THE AMOUNT PAID TO "GUENDELYNE ZUBOS," ALSO KNOWN AS MARIE SHEA, AS ARREARS OF PAY DUE THE LATE WALTER ZUBOS HAS BEEN RECOVERED AND PAID TO MRS. GUENDELYNE ZUBOS BOWERS, AS ADMINISTRATRIX OF THE ESTATE OF WALTER ZUBOS. THE AMOUNT PAID TO "GUENDELYNE ZUBOS" (MARIE SHEA) AS THE SIX MONTHS' DEATH GRATUITY PAY WAS PAID TO HER BY THE NAVY DEPARTMENT AT THE DIRECTION OF AND UPON MISREPRESENTATIONS BY THE LATE WALTER ZUBOS. THE GOVERNMENT UNDERTOOK TO RECOVER THE GRATUITY FROM MARIE SHEA AND RECOVERY OF $211.57 WAS EFFECTED. THAT AMOUNT HAS BEEN PAID TO MRS. BOWERS. THE GOVERNMENT, UNDER THE CIRCUMSTANCES, IS NOT REQUIRED TO MAKE A FURTHER PAYMENT, ALTHOUGH EVERY EFFORT WAS MADE TO RECOVER THE FULL AMOUNT OF THE GRATUITY FROM MARIE SHEA, IN HER LIFETIME, FOR THE BENEFIT OF MRS. BOWERS. WITH THE DEATH OF MARIE SHEA FURTHER RECOVERY CANNOT BE MADE AND THE MATTER IS CONSIDERED CLOSED.