B-125922, FEB. 23, 1956

B-125922: Feb 23, 1956

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YOU WERE ADVISED THAT THE ACTION TAKEN IN THE SETTLEMENT OF APRIL 15. WAS IN ACCORDANCE WITH THE ACT OF FEBRUARY 25. YOU WERE ALSO ADVISED THAT THE ATTEMPTED WAIVER OR ASSIGNMENT BY THE FATHER OF HIS SHARE TO YOU COULD NOT BE RECOGNIZED BY US. YOU SAY THAT YOU HAD PREVIOUSLY KNOWN OF THE TEN-YEAR LIMITATION YOU WOULD HAVE TAKEN STEPS TO LOCATE THE FATHER PRIOR TO THE EXPIRATION OF SUCH TEN-YEAR PERIOD. YOU HAVE BEEN ALLOWED THE ONE-HALF SHARE WHICH THE LAW AUTHORIZES TO BE PAID TO YOU AS MOTHER OF YOUR LATE SON. ANY ATTEMPTED WAIVER OR ASSIGNMENT IN YOUR FAVOR OF THE FATHER'S SHARE WOULD NOT HAVE BEEN RECOGNIZED BY US EVEN IF IT HAD BEEN RECEIVED HERE WITHIN THE PRESCRIBED TEN-YEAR PERIOD.

B-125922, FEB. 23, 1956

TO MRS. RUTH FELDMAN CHERNIN:

YOUR LETTER OF DECEMBER 19, 1955, REQUESTS FURTHER INFORMATION RELATIVE TO 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. THERE HAS ALSO BEEN REFERRED TO US YOUR LETTER DATED DECEMBER 5, 1955, TO THE PRESIDENT OF THE UNITED STATES CONCERNING THE SAME MATTER.

THE BALANCE OF THE ARREARS OF PAY AND ALLOWANCES IN THE SUM OF $971.78REPRESENTS THE ONE-HALF SHARE RESERVED FOR THE DECEDENT'S FATHER BY SETTLEMENT DATED APRIL 15, 1946, OF OUR CLAIMS DIVISION. BY OUR DECISION OF DECEMBER 16, 1955, B-125922, TO YOU, YOU WERE ADVISED 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 MILITARY PERSONNEL. YOU WERE ALSO ADVISED THAT THE ATTEMPTED WAIVER OR ASSIGNMENT BY THE FATHER OF HIS SHARE TO YOU COULD NOT BE RECOGNIZED BY US, AND THAT EVEN IF AT THAT TIME THE FATHER SHOULD MAKE CLAIM FOR THE AMOUNT RESERVED FOR HIM 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 TEN FULL YEARS AFTER SUCH CLAIM FIRST ACCRUES.

IN THE LETTER OF DECEMBER 19, 1955, YOU SAY THAT YOU HAD PREVIOUSLY KNOWN OF THE TEN-YEAR LIMITATION YOU WOULD HAVE TAKEN STEPS TO LOCATE THE FATHER PRIOR TO THE EXPIRATION OF SUCH TEN-YEAR PERIOD. ALSO, YOU INQUIRE AS TO THE DISPOSITION THAT HAS BEEN MADE OF THE AMOUNT RESERVED FOR THE FATHER.

AS EXPLAINED IN THE DECISION OF DECEMBER 16, 1955, YOU HAVE BEEN ALLOWED THE ONE-HALF SHARE WHICH THE LAW AUTHORIZES TO BE PAID TO YOU AS MOTHER OF YOUR LATE SON. FOR THE REASONS STATED IN THAT DECISION, ANY ATTEMPTED WAIVER OR ASSIGNMENT IN YOUR FAVOR OF THE FATHER'S SHARE WOULD NOT HAVE BEEN RECOGNIZED BY US EVEN IF IT HAD BEEN RECEIVED HERE WITHIN THE PRESCRIBED TEN-YEAR PERIOD.

REGARDING THE DISPOSITION MADE OF THE BALANCE DUE, YOU ARE ADVISED THAT IN SUCH CASES WHERE A CLAIM HAS NOT BEEN RECEIVED FROM ANY PERSON ENTITLED TO PAYMENT OF SUCH AMOUNT IT MUST REMAIN IN THE TREASURY OF THE UNITED STATES.

RESPECTING THE STATEMENT IN THE LETTER OF DECEMBER 9, 1955, THAT YOU NEVER RECEIVED ANY INFORMATION REGARDING WAR BONDS YOU SAY YOUR LATE SON PURCHASED WHILE IN THE SERVICE, IT MAY BE STATED THAT THE RECORDS SHOW THAT NO DEDUCTIONS WERE BEING MADE FROM HIS PAY AT THE TIME OF HIS DEATH FOR THE PURCHASE OF BONDS. ANY INFORMATION REGARDING BONDS THAT WERE PURCHASED, HOWEVER, SHOULD BE REQUESTED FROM THE TREASURY DEPARTMENT, BUREAU OF THE PUBLIC DEBT, CHICAGO DEPARTMENTAL OFFICE, 536 SOUTH CLARK STREET, CHICAGO 5, ILLINOIS.

Oct 1, 2020

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