B-116443, AUG 18, 1953

B-116443, AUG 18, 1953

PRECIS-UNAVAILABLE

MAJOR DAVID J. RUTLEDGE, JR., USAF.:

BY LETTER DATED JULY 27, 1953, THE DIRECTOR OF FINANCE REFERRED TO THIS OFFICE YOUR REQUEST OF JUNE 3, 1953, FOR ADVANCE DECISION ON THE CLAIM OF JOHN HRVATIN, ADMINISTRATOR WITH THE WILL ANNEXED OF THE ESTATE OF JOHN BITENC, DECEASED, LATE FIRST LIEUTENANT, GRADE 0-2, 169TH FIGHTER INTERCEPTOR SQUADRON, CODE NO. 148009, ILLINOIS AIR NATIONAL GUARD, FOR ARMORY DRILL PAY, FIELD TRAINING PAY, AND FLYING PAY, DUE THE DECEDENT AT THE DATE OF HIS DEATH, NOVEMBER 16, 1952, SUPPORTED BY SUPPLEMENTAL FIELD TRAINING AND ARMORY DRILL PAY ROLLS OF THE SAID ORGANIZATION FOR THE PERIOD FROM OCTOBER 1 TO NOVEMBER 30, 1952.

WITH YOUR REQUEST THERE WERE SUBMITTED PHOTOSTATIC COPIES OF A CERTIFIED COPY OF LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED, ISSUED BY THE FULTON COUNTY COURT IN PROBATE, STATE OF ILLINOIS, SHOWING THAT ON JANUARY 19, 1953, JOHN HRVATIN WAS APPOINTED ADMINISTRATOR WITH THE WILL ANNEXED OF THE ESTATE OF JOHN BITENC, DECEASED.

THE CLAIMANT APPEARS TO BE ENTITLED, AS ADMINISTRATOR WITH THE WILL ANNEXED OF THE ESTATE OF JOHN BITENC, DECEASED, TO SUCH AMOUNT AS WAS LEGALLY DUE THE DECEDENT FOR ARMORY DRILL PAY, FIELD TRAINING PAY, AND FLYING PAY AT THE DATE OF HIS DEATH (SEE THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30), AND PAYMENT MAY BE MADE TO HIM IN THAT CAPACITY, NO DETERMINATION BEING MADE HEREIN AS TO THE CORRECTNESS OF THE AMOUNT OF SUCH PAYMENT, OR AS TO THE CORRECTNESS OF THE SUPPLEMENTAL PAY ROLLS IN OTHER RESPECTS.

THE CLAIM AND SUPPORTING PAPERS, SUBMITTED WITH YOUR REQUEST, ARE RETURNED HEREWITH.