B-190428, NOV 22, 1977

B-190428: Nov 22, 1977

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MEMBER'S WIDOW WHO CLAIMS THAT PAYMENT OF SOLDIERS DEPOSITS WAS NOT RECEIVED BY MEMBER INCIDENT TO HIS RETIREMENT FROM AIR FORCE IN 1949. IS ADVISED THAT AFTER A PERIOD OF OVER 27 YEARS. BEST AVAILABLE RECORDS AND INFORMATION SHOW THAT MEMBER WAS PAID THE CLAIMED SOLDIERS DEPOSITS. SUZANNE RHODEN: THIS ACTION IS IN RESPONSE TO A LETTER DATED SEPTEMBER 18. RHODEN'S CLAIM WAS ORIGINALLY TRANSMITTED TO OUR CLAIMS DIVISION BY AN AIR FORCE ACCOUNTING AND FINANCE CENTER REPORT DATED JANUARY 13. RHODEN'S CLAIM WAS DISALLOWED ON THE BASIS THAT THE RECORDS NECESSARY TO EITHER SUPPORT OR REFUTE HER CLAIM HAD BEEN DESTROYED PURSUANT TO LAW. 000 IN SOLDIERS DEPOSIT IS AND INTEREST OF $304. THIS RECORD ALSO SHOWS THE MEMBER WAS PAID THE AMOUNT OF $301.10 BY MAJOR C.

B-190428, NOV 22, 1977

MEMBER'S WIDOW WHO CLAIMS THAT PAYMENT OF SOLDIERS DEPOSITS WAS NOT RECEIVED BY MEMBER INCIDENT TO HIS RETIREMENT FROM AIR FORCE IN 1949, IS ADVISED THAT AFTER A PERIOD OF OVER 27 YEARS, BEST AVAILABLE RECORDS AND INFORMATION SHOW THAT MEMBER WAS PAID THE CLAIMED SOLDIERS DEPOSITS.

MRS. SUZANNE RHODEN:

THIS ACTION IS IN RESPONSE TO A LETTER DATED SEPTEMBER 18, 1977, FROM MRS. SUZANNE RHODEN, WIDOW OF THE LATE MASTER SERGEANT JOSEPH R. RHODEN, AF 6 222 670 (SSN XXX-XX-XXXX), USAF, IN EFFECT REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 13, 1977, BY THE CLAIMS DIVISION OF THIS OFFICE, WHICH DISALLOWED HER CLAIM FOR SAVINGS DEPOSITS WHICH SHE BELIEVES REMAINED IN HER LATE HUSBAND'S SOLDIERS DEPOSITS ACCOUNT AT THE TIME OF HIS RETIREMENT IN DECEMBER 1949.

MRS. RHODEN'S CLAIM WAS ORIGINALLY TRANSMITTED TO OUR CLAIMS DIVISION BY AN AIR FORCE ACCOUNTING AND FINANCE CENTER REPORT DATED JANUARY 13, 1977, AS A DOUBTFUL CLAIM WHICH HAD BEEN RECEIVED BY THE AIR FORCE IN 1976. CLAIMS DIVISION SETTLEMENT DATED APRIL 13, 1977, MRS. RHODEN'S CLAIM WAS DISALLOWED ON THE BASIS THAT THE RECORDS NECESSARY TO EITHER SUPPORT OR REFUTE HER CLAIM HAD BEEN DESTROYED PURSUANT TO LAW, OR BECOME UNAVAILABLE DUE TO THE LAPSE OF TIME INVOLVED, AND NO FURTHER ACTION COULD BE TAKEN IN THE MATTER.

IN HER REQUEST FOR RECONSIDERATION MRS. RHODEN EXPRESSES DISAGREEMENT WITH THE SETTLEMENT AND REPEATS HER CLAIM FOR THE RETURN OF THE SAVINGS OF HER LATE HUSBAND.

THE RECORDS BEFORE THIS OFFICE INCLUDE THE MEMBER'S "ENLISTMENT RECORD AND REPORT OF RETIREMENT" (DA FORM 53-94) ISSUED AT THE TIME OF HIS RETIREMENT FROM THE AIR FORCE, WHICH INDICATES A BALANCE OF $8,000 IN SOLDIERS DEPOSIT IS AND INTEREST OF $304. THIS RECORD ALSO SHOWS THE MEMBER WAS PAID THE AMOUNT OF $301.10 BY MAJOR C. C. WEBB ON VOUCHER NO. 9888. MRS. RHODEN RELIES UPON THIS FROM IN SUPPORT OF HER CLAIM.

HOWEVER, IN OUR FILES THERE IS ALSO A COPY OF THE MEMBER'S MILITARY PAY RECORD (NME FORM 113) WHICH SHOWS THE AMOUNT OF $301.10 PAID ON VOUCHER NO. 9888. THIS AMOUNT IS THE SETTLEMENT OF PAY AND ALLOWANCES DUE THE MEMBER ON HIS RETIREMENT FROM THE AIR FORCE. THE SAME FINAL PAY RECORD INCLUDES IN ITEM 33 AN ENTRY INDICATING THAT THE AMOUNT OF $8,000 SOLDIERS DEPOSITS WITH $304 INTEREST WAS PAID ON VOUCHER NO. 9907, DECEMBER 1949 ACCOUNTS BY MAJOR C. C. WEBB.

THUS IT APPEARS FROM AVAILABLE RECORDS THAT MRS. RHODEN'S LATE HUSBAND WAS PAID HIS SOLDIERS DEPOSITS AT THE TIME OF HIS RETIREMENT FROM THE AIR FORCE IN DECEMBER 1949.

ACCORDINGLY, THE ACTION TAKEN IN DISALLOWING MRS. RHODEN'S CLAIM IS SUSTAINED.