B-177289, DEC 21, 1972
Highlights
TREASURY CHECK REPRESENTING THE AMOUNT OF RETIRED PAY DUE THE DECEDENT WAS APPARENTLY RECEIVED. THE CLAIM IS AGAIN DISALLOWED. SWEENEY: REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 18 AND OCTOBER 21. THE RECORDS OF OUR OFFICE SHOW THAT THE ENTIRE BALANCE OF RETIRED PAY DUE YOUR LATE HUSBAND WAS PAID TO YOU BY CHECK NO. 2. THE CHECK WAS MADE PAYABLE TO YOU. YOU STATE THAT YOU HAVE NEVER RECEIVED A PAYMENT FROM OUR OFFICE. SAY THIS IS THE LAST COMMUNICATION ON YOUR CLAIM. IN THE AMOUNT OF $205.52 APPEARS TO HAVE BEEN ENDORSED BY YOU. WE ARE ENCLOSING A PHOTOSTATIC COPY OF BOTH SIDES OF THE CHECK. THE SUBJECT CHECK WAS TRANSMITTED TO YOU. THE MATTER WAS AGAIN FULLY EXPLAINED TO YOU. WHILE WE ARE SYMPATHETIC TO YOUR NEED FOR MONEY FOR YOUR SUPPORT.
B-177289, DEC 21, 1972
SURVIVOR'S CLAIM - PRIOR PAYMENT IN FULL - SURVIVOR'S PENSION RIGHTS DECISION SUSTAINING THE PRIOR DISALLOWANCE OF A CLAIM BY ALBERTEEN J. SWEENEY FOR THE ADDITIONAL ARREARS OF RETIRED PAY ACCRUED BY HER LATE HUSBAND, FIRST SGT. ALFRED SWEENEY. SINCE A U.S. TREASURY CHECK REPRESENTING THE AMOUNT OF RETIRED PAY DUE THE DECEDENT WAS APPARENTLY RECEIVED, ENDORSED, AND NEGOTIATED THROUGH BANKING CHANNELS BY THE PAYEE-CLAIMANT, THE CLAIM IS AGAIN DISALLOWED.
TO MRS. ALBERTEEN J. SWEENEY:
REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 18 AND OCTOBER 21, 1972, IN EFFECT REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION LETTER DATED MARCH 30, 1954, DENYING YOUR CLAIM FOR ADDITIONAL ARREARS OF RETIRED PAY IN THE CASE OF YOUR LATE HUSBAND, FIRST SERGEANT ALFRED SWEENEY, R 312 979, U.S. ARMY, RETIRED, WHO DIED ON MAY 31, 1953.
THE RECORDS OF OUR OFFICE SHOW THAT THE ENTIRE BALANCE OF RETIRED PAY DUE YOUR LATE HUSBAND WAS PAID TO YOU BY CHECK NO. 2,619,322, DATED MAY 31, 1953, DRAWN TO THE ORDER OF ALFRED SWEENEY IN THE AMOUNT OF $205.52, REPRESENTING RETIRED PAY FOR THE MONTH OF MAY, 1953. THE CHECK WAS MADE PAYABLE TO YOU, ALBERTEEN J. SWEENEY, AS WIDOW OF ALFRED SWEENEY, DECEASED PAYEE.
IN YOUR CURRENT LETTER OF AUGUST 18, 1972, YOU STATE THAT YOU HAVE NEVER RECEIVED A PAYMENT FROM OUR OFFICE. YOU ALSO ENCLOSE A COPY OF A REFERRAL NOTICE DATED APRIL 12, 1954, FROM THE FINANCE CENTER, U.S. ARMY TO OUR OFFICE, AND SAY THIS IS THE LAST COMMUNICATION ON YOUR CLAIM.
OUR RECORDS SHOW THAT THE CHECK DATED MAY 31, 1953, IN THE AMOUNT OF $205.52 APPEARS TO HAVE BEEN ENDORSED BY YOU, NEGOTIATED THROUGH REGULAR BANKING CHANNELS, AND PAID BY THE TREASURER OF THE UNITED STATES ON SEPTEMBER 14, 1953. TO HELP YOU REMEMBER, WE ARE ENCLOSING A PHOTOSTATIC COPY OF BOTH SIDES OF THE CHECK.
BY OUR CLAIMS DIVISION LETTER DATED AUGUST 24, 1953, THE SUBJECT CHECK WAS TRANSMITTED TO YOU. THEREAFTER, BY LETTERS DATED MARCH 30, 1954; AUGUST 10, 1954; AND FEBRUARY 10, 1956, OUR CLAIMS DIVISION ADVISED YOU THAT NO FURTHER AMOUNTS REMAINED DUE INCIDENT TO YOUR CLAIM. YOU ALSO VISITED OUR OFFICE ON OCTOBER 1 AND 8, 1970, AND THE MATTER WAS AGAIN FULLY EXPLAINED TO YOU.
WHILE WE ARE SYMPATHETIC TO YOUR NEED FOR MONEY FOR YOUR SUPPORT, NO AMOUNT OF RETIRED PAY REMAINS DUE YOUR LATE HUSBAND'S ESTATE WHICH MAY BE PAID TO YOU. HOWEVER, WE SUGGEST THAT YOU CONTACT THE VETERANS ADMINISTRATION REGARDING ANY POSSIBLE RIGHTS YOU MIGHT HAVE TO A WIDOW'S PENSION UNDER LAWS ADMINISTERED BY THAT AGENCY.
ACCORDINGLY, THE ACTION OF OUR CLAIMS DIVISION IN DENYING YOUR CLAIM IS SUSTAINED.