B-125922, DEC. 16, 1955

B-125922: Dec 16, 1955

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RUTH FELDMAN CHERNIN: REFERENCE IS MADE TO YOUR LETTERS DATED OCTOBER 12 AND NOVEMBER 7. OF OUR CLAIMS DIVISION YOU WERE ALLOWED. THE SUM OF $878.78 AND YOU WERE ADVISED THAT SUCH SUM. YOU WERE ALSO ADVISED THAT A LIKE AMOUNT WAS RESERVED FOR THE FATHER OF THE DECEDENT. WAS IN ACCORDANCE WITH THE ACT OF FEBRUARY 25. THERE WAS TRANSMITTED WITH YOUR LETTER OF OCTOBER 12. BY THE DECEDENT'S FATHER IN WHICH HE ATTEMPTED TO WAIVE OR ASSIGN TO YOU HIS RIGHT TO THE BALANCE DUE FOR THE REASON THAT AFTER YOU AND HE WERE DIVORCED IN 1928 YOU HAD THE CARE AND CUSTODY OF YOUR LATE SON. WHILE YOUR FEELINGS IN THE MATTER ARE APPRECIATED. WE MUST COMPLY WITH THE APPLICABLE FEDERAL STATUTE IN SETTLING SUCH ACCOUNTS AND WE HAVE NO AUTHORITY TO ALLOW CLAIMS FOR AMOUNTS DUE THE ESTATES OF DECEASED MILITARY PERSONNEL.

B-125922, DEC. 16, 1955

TO MRS. RUTH FELDMAN CHERNIN:

REFERENCE IS MADE TO YOUR LETTERS DATED OCTOBER 12 AND NOVEMBER 7, 15 AND 28, 1955, CONCERNING YOUR CLAIM FOR THE BALANCE OF THE ARREARS OF PAY AND ALLOWANCES DUE THE ESTATE OF YOUR LATE SON, LEONARD M. FELDMAN, AS OF JUNE 7, 1943, THE DATE OF THE RECEIPT OF EVIDENCE OF HIS DEATH, WHILE SERVING AS SECOND LIEUTENANT, AIR CORPS.

BY SETTLEMENT DATED APRIL 15, 1946, OF OUR CLAIMS DIVISION YOU WERE ALLOWED, AS MOTHER OF THE DECEDENT, THE SUM OF $878.78 AND YOU WERE ADVISED THAT SUCH SUM, PLUS THE SUM OF $93 PREVIOUSLY ALLOWED TO YOU BY SETTLEMENT DATED JULY 24, 1944, OF THE CLAIMS DIVISION, TOTAL $971.78, REPRESENTED YOUR SHARE OF THE AMOUNT REPORTED BY THE WAR DEPARTMENT (NOW THE DEPARTMENT OF THE ARMY) TO BE DUE AS PAY AND ALLOWANCES AS OF JUNE 7, 1943, THE DATE OF THE RECEIPT OF EVIDENCE OF THE DEATH OF THE DECEDENT. YOU WERE ALSO ADVISED THAT A LIKE AMOUNT WAS RESERVED FOR THE FATHER OF THE DECEDENT. LATER, BY LETTER DATED AUGUST 29, 1955, THE CLAIMS DIVISION FURTHER EXPLAINED TO YOU THAT THE ACTION TAKEN IN THE SETTLEMENT OF APRIL 15, 1946, WAS IN ACCORDANCE WITH THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, WHICH GOVERNS THE SETTLEMENT OF ACCOUNTS OF DECEASED PERSONNEL OF THE AIR CORPS.

THERE WAS TRANSMITTED WITH YOUR LETTER OF OCTOBER 12, 1955, A STATEMENT DATED OCTOBER 7, 1955, BY THE DECEDENT'S FATHER IN WHICH HE ATTEMPTED TO WAIVE OR ASSIGN TO YOU HIS RIGHT TO THE BALANCE DUE FOR THE REASON THAT AFTER YOU AND HE WERE DIVORCED IN 1928 YOU HAD THE CARE AND CUSTODY OF YOUR LATE SON.

WHILE YOUR FEELINGS IN THE MATTER ARE APPRECIATED, WE MUST COMPLY WITH THE APPLICABLE FEDERAL STATUTE IN SETTLING SUCH ACCOUNTS AND WE HAVE NO AUTHORITY TO ALLOW CLAIMS FOR AMOUNTS DUE THE ESTATES OF DECEASED MILITARY PERSONNEL, EXCEPT AS AUTHORIZED BY SUCH STATUTE. THE ACT OF FEBRUARY 25, 1946, EXPRESSLY PROVIDES THAT WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE AND THE DECEDENT IS NOT SURVIVED BY A WIDOW OR DESCENDANT, THE ACCOUNTING OFFICERS MAY ALLOW THE AMOUNT FOUND DUE "TO THE FATHER AND MOTHER IN EQUAL PARTS," OR ,IF EITHER THE FATHER OR MOTHER BE DEAD, THEN TO THE ONE SURVIVING.' THE DISTRIBUTION TO THE FATHER AND MOTHER IN EQUAL PARTS, AS EXPRESSLY AUTHORIZED, IS BASED ON THEIR LEGAL RELATIONSHIP TO THE DECEDENT AND IS NOT AFFECTED BY QUESTIONS OF SUPPORT, DIVORCE, OR CARE AND CUSTODY OF CHILDREN BY EITHER OF THEM.

REGARDING THE DESIRE OF THE FATHER AS EXPRESSED IN HIS STATEMENT OF OCTOBER 7, 1955, THAT HIS SHARE BE PAID TO YOU, YOU ARE ADVISED THAT SUCH ATTEMPTED WAIVER OR ASSIGNMENT TO YOU OF THE AMOUNT DUE MAY NOT BE RECOGNIZED BY US IN VIEW OF THE PROVISIONS OF SECTION 3477, REVISED STATUTES, WHICH PROHIBITS THE ASSIGNMENT OF CLAIMS AGAINST THE UNITED STATES PRIOR TO THE ALLOWANCE OF THE CLAIM AND THE ISSUANCE OF THE CHECK IN PAYMENT OF SUCH CLAIM. THE FATHER HAS NOT MADE CLAIM FOR THE AMOUNT RESERVED FOR HIM, AND EVEN IF HE SHOULD NOT MAKE CLAIM FOR SUCH SHARE IT COULD NOT BE ALLOWED TO HIM SINCE THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES THAT EVERY CLAIM AGAINST THE UNITED STATES SHALL BE FOREVER BARRED UNLESS RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER SUCH CLAIM FIRST ACCRUED.

ACCORDINGLY, THERE IS NO LEGAL BASIS UPON WHICH THE BALANCE DUE THE ESTATE OF THE DECEDENT MAY BE ALLOWED TO YOU.

Oct 1, 2020

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