B-83083, JAN. 7, 1965

B-83083: Jan 7, 1965

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LYNCH SEXTON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21. WE ARE ENCLOSING A COPY OF OUR DECISION OF MARCH 21. WE HAVE CAREFULLY EXAMINED THE STATEMENTS CONTAINED IN YOUR LETTER OF SEPTEMBER 21. SINCE THEY PRESENT NOTHING THAT WE HAVE NOT PREVIOUSLY CONSIDERED. IT IS CONSIDERED PROPER TO INVITE YOUR ATTENTION TO THE ACT OF OCTOBER 9. - SHALL BE FOREVER BARRED UNLESS IT IS RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOUR CLAIM WAS RECEIVED WITHIN THE 10-YEAR PERIOD. SINCE NO CLAIM WAS RECEIVED WITHIN THE 10-YEAR PERIOD FROM A DULY APPOINTED LEGAL REPRESENTATIVE OF YOUR SON'S ESTATE. THAT IS. UNLESS ACCOMPANIED BY A DETERMINATION BY THE PROBATE COURT THAT YOU ARE ENTITLED TO RECEIVE THE ENTIRE AMOUNT DUE THE ESTATE.

B-83083, JAN. 7, 1965

TO MRS. FRANCES C. LYNCH SEXTON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21, 1964, ADDRESSED TO THE CASUALTY PAYMENT BRANCH, ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, CONCERNING YOUR CLAIM FOR THE REMAINING ONE-HALF OF THE ARREARS OF PAY DUE YOUR SON, GEORGE R. LYNCH, PRIVATE FIRST CLASS, ARMY OF THE UNITED STATES, AT PRESUMPTIVE DATE OF DEATH, AUGUST 16, 1945, SUCH AMOUNT HAVING BEEN RESERVED FOR HIS FATHER.

WE ARE ENCLOSING A COPY OF OUR DECISION OF MARCH 21, 1949, AND A COPY OF OUR DECISION OF JUNE 21, 1949, B-83083, IN WHICH WE EXPLAINED WHY WE FOUND NO BASIS FOR FAVORABLE ACTION ON YOUR CLAIM. WE HAVE CAREFULLY EXAMINED THE STATEMENTS CONTAINED IN YOUR LETTER OF SEPTEMBER 21, 1964, BUT, SINCE THEY PRESENT NOTHING THAT WE HAVE NOT PREVIOUSLY CONSIDERED, THEY DO NOT WARRANT ANY MODIFICATION OF OUR PRIOR ACTION IN THE MATTER.

IN THE DECISION OF JUNE 21, 1949, WE ADVISED YOU, IN EFFECT, THAT PAYMENT OF THE BALANCE DUE IN THIS CASE COULD BE MADE TO YOU IF YOU FURNISHED CONCLUSIVE PROOF OF THE DEATH OF THE FATHER OF YOUR LATE SON, OR THAT PAYMENT OF SUCH AMOUNT COULD BE MADE TO A DULY APPOINTED LEGAL REPRESENTATIVE OF YOUR SON'S ESTATE. IN THIS CONNECTION, IT IS CONSIDERED PROPER TO INVITE YOUR ATTENTION TO THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, WHICH PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE--- OUR OFFICE--- SHALL BE FOREVER BARRED UNLESS IT IS RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. SINCE YOUR CLAIM WAS RECEIVED WITHIN THE 10-YEAR PERIOD, PAYMENT OF THE AMOUNT DUE IN THIS CASE MAY BE MADE TO YOU IF YOU FURNISH PROOF OF THE DEATH OF YOUR SON'S FATHER. HOWEVER, SINCE NO CLAIM WAS RECEIVED WITHIN THE 10-YEAR PERIOD FROM A DULY APPOINTED LEGAL REPRESENTATIVE OF YOUR SON'S ESTATE, THAT IS, AN EXECUTOR OR ADMINISTRATOR, THE CLAIM OF SUCH A LEGAL REPRESENTATIVE WOULD BE PRECLUDED AT THE PRESENT TIME, UNLESS ACCOMPANIED BY A DETERMINATION BY THE PROBATE COURT THAT YOU ARE ENTITLED TO RECEIVE THE ENTIRE AMOUNT DUE THE ESTATE.