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B-101489, SEP. 11, 1964

B-101489 Sep 11, 1964
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LOUISE VAN NORDEN: REFERENCE IS MADE TO YOUR RECENT LETTER. WHICH WAS RESERVED FOR YOUR HUSBAND. THAT SINCE YOUR HUSBAND NEVER PRESENTED A CLAIM TO THIS OFFICE FOR THE AGGREGATE AMOUNT RESERVED FOR HIM AND SINCE THE PRESUMPTIVE DATE OF DEATH OF YOUR SON WAS ESTABLISHED AS JANUARY 15. THAT ACT PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE IT FIRST ACCRUED. YOU WERE FURTHER ADVISED THAT YOUR CLAIM WOULD ALSO BE CONSIDERED AS BARRED UNDER THAT ACT UNLESS YOU SUBMIT EVIDENCE THAT YOUR HUSBAND DIED PRIOR TO FEBRUARY 2. IS NOT SUFFICIENT TO OVERCOME THE PRESUMPTION THAT HE IS STILL LIVING UNLESS SO DETERMINED BY A COURT.

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B-101489, SEP. 11, 1964

TO MRS. LOUISE VAN NORDEN:

REFERENCE IS MADE TO YOUR RECENT LETTER, RECEIVED HERE ON AUGUST 14, 1964, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR THE SHARE OF ARREARS OF PAY AND ALLOWANCES DUE THE ESTATE OF YOUR LATE SON, FREDERICK ETHELBERT VAN NORDEN, 2237317, EM2C, UNITED STATES NAVY, WHICH WAS RESERVED FOR YOUR HUSBAND, FREDERICK VAN NORDEN, BY CERTIFICATES OF SETTLEMENT NOS. 1319524 AND 1402656, DATED APRIL 30 AND SEPTEMBER 16, 1946, RESPECTIVELY.

IN OUR DECISION OF JANUARY 10, 1964, B-101489, WE ADVISED YOU, AMONG OTHER THINGS, THAT SINCE YOUR HUSBAND NEVER PRESENTED A CLAIM TO THIS OFFICE FOR THE AGGREGATE AMOUNT RESERVED FOR HIM AND SINCE THE PRESUMPTIVE DATE OF DEATH OF YOUR SON WAS ESTABLISHED AS JANUARY 15, 1946, ANY CLAIM NOW OR HEREAFTER PRESENTED BY YOUR HUSBAND OR BY A LEGAL REPRESENTATIVE OF YOUR LATE SON'S ESTATE WOULD BE BARRED FROM CONSIDERATION BY THIS OFFICE IN VIEW OF THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A. THAT ACT PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS FILED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE DATE IT FIRST ACCRUED. YOU WERE FURTHER ADVISED THAT YOUR CLAIM WOULD ALSO BE CONSIDERED AS BARRED UNDER THAT ACT UNLESS YOU SUBMIT EVIDENCE THAT YOUR HUSBAND DIED PRIOR TO FEBRUARY 2, 1951, THE DATE OF RECEIPT OF YOUR LETTER IN WHICH YOU CLAIMED THE SHARE RESERVED FOR YOUR HUSBAND, IT BEING POINTED OUT THAT THE MERE UNEXPLAINED ABSENCE OF A PERSON, REGARDLESS OF THE LENGTH THEREOF, IS NOT SUFFICIENT TO OVERCOME THE PRESUMPTION THAT HE IS STILL LIVING UNLESS SO DETERMINED BY A COURT.

YOU HAVE FURNISHED NO INFORMATION IN YOUR RECENT LETTER OR ANY CORROBORATING EVIDENCE TO ESTABLISH THE FACT THAT YOUR HUSBAND WAS NOT ALIVE ON FEBRUARY 2, 1951. YOU MERELY REITERATED THE FACT THAT YOUR HUSBAND DESERTED YOU AND YOUR THREE CHILDREN ON DECEMBER 29, 1937, AND YOU KNOW NOTHING OF HIS WHEREABOUTS.

IT IS NOT BECAUSE OF THE LACK OF SYMPATHY AND UNDERSTANDING THAT WE HAVE TAKEN UNFAVORABLE ACTION IN YOUR CASE BUT BECAUSE THIS OFFICE HAS NO ALTERNATIVE BUT TO PROPERLY APPLY THE GOVERNING LAW AND REGULATIONS. THE WITHHOLDING OF A ONE-HALF SHARE FOR YOUR HUSBAND WAS REQUIRED BY THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, IRRESPECTIVE OF THE FACT THAT HE MAY HAVE ABANDONED THE SUPPORT OF HIS FAMILY, AND INASMUCH AS HE NEVER FILED A CLAIM HERE FOR SUCH AMOUNT AND IN VIEW OF THE LAPSE OF TIME SINCE THE RECEIPT OF YOUR LETTER OF FEBRUARY 2, 1951, CLAIMING THE BALANCE DUE FROM THE UNITED STATES, THIS OFFICE IS PRECLUDED BY THE ACT OF OCTOBER 9, 1940, FROM CONSIDERING YOUR CLAIM OR A CLAIM THAT MAY BE FILED BY YOUR HUSBAND IN THE FUTURE. HOWEVER, IF AT ANY TIME YOU ARE ABLE TO FURNISH THIS OFFICE WITH ACCEPTABLE EVIDENCE SHOWING THAT YOUR HUSBAND DIED PRIOR TO FEBRUARY 2, 1951, YOUR CLAIM FOR THE SHARE RESERVED FOR HIM WILL BE GIVEN FURTHER CONSIDERATION.

ON THE PRESENT RECORD, HOWEVER, WE MUST ADVISE YOU THIS OFFICE CAN TAKE NO FURTHER ACTION ON YOUR CLAIM.

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