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B-151619, APR. 8, 1964

B-151619 Apr 08, 1964
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HESS: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 14. ALSO WE HAVE RECEIVED A COPY OF YOUR LETTER OF MARCH 31. IS ENTITLED TO RECEIVE THE PAY DUE HIM TO THE EXCLUSION OF ALL OTHER CLAIMANTS. THAT SUCH PROVISIONS OF LAW ARE MANDATORY AND BINDING ON OUR OFFICE. IT WAS EXPLAINED TO YOU THAT THE WAIVER SIGNED BY MRS. IT WAS SUGGESTED. ERLANGER HAD INDICATED BY THE WAIVER THAT SHE WANTS YOU TO HAVE THE AMOUNT DUE THE DECEDENT SHE COULD ACCOMPLISH THIS PURPOSE BY CLAIMING THE AMOUNT DUE AS THE DESIGNATED BENEFICIARY AND WHEN SHE RECEIVED THE CHECK ENDORSE IT IN YOUR FAVOR AND TRANSMIT IT TO YOU. IT APPEARS FROM YOUR PRESENT LETTER THAT YOU BELIEVE THAT OUR ACTION CONCERNING THE WAIVER WAS BASED UPON SOME QUESTION AS TO THE VALIDITY OF MRS.

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B-151619, APR. 8, 1964

TO MRS. GILBERTA G. HESS:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 14, 1964, RELATIVE TO YOUR CLAIM AS WIDOW OF MASTER SERGEANT EDWARD M. HESS, UNITED STATES AIR FORCE, RETIRED, FOR PAY DUE HIM AT DATE OF DEATH. ALSO WE HAVE RECEIVED A COPY OF YOUR LETTER OF MARCH 31, 1964, TO THE AIR FORCE CONCERNING THIS MATTER.

IN OUR DECISION OF AUGUST 15, 1963, B-151619, WE ADVISED YOU THAT UNDER THE PROVISIONS OF SECTION 2771, TITLE 10, U.S.C. MRS. CECELIA F. ERLANGER, AS THE DESIGNATED BENEFICIARY OF SERGEANT HESS, IS ENTITLED TO RECEIVE THE PAY DUE HIM TO THE EXCLUSION OF ALL OTHER CLAIMANTS, AND THAT SUCH PROVISIONS OF LAW ARE MANDATORY AND BINDING ON OUR OFFICE. SUBSEQUENTLY, AS A BASIS FOR ALLOWANCE OF YOUR CLAIM, YOU SUBMITTED A WAIVER SIGNED BY MRS. ERLANGER WAIVING HER RIGHTS TO ANY UNPAID PAY AND ALLOWANCES DUE THE DECEDENT IN FAVOR OF YOU AS HIS WIDOW. IN DECISION OF MARCH 11, 1964, B- 151619, IT WAS EXPLAINED TO YOU THAT THE WAIVER SIGNED BY MRS. ERLANGER COULD NOT BE ACCEPTED AS GROUNDS FOR ALLOWANCE OF YOUR CLAIM BECAUSE THE PROVISIONS OF SECTION 3477, REVISED STATUTES, PROHIBIT 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. IT WAS SUGGESTED, HOWEVER, THAT SINCE MRS. ERLANGER HAD INDICATED BY THE WAIVER THAT SHE WANTS YOU TO HAVE THE AMOUNT DUE THE DECEDENT SHE COULD ACCOMPLISH THIS PURPOSE BY CLAIMING THE AMOUNT DUE AS THE DESIGNATED BENEFICIARY AND WHEN SHE RECEIVED THE CHECK ENDORSE IT IN YOUR FAVOR AND TRANSMIT IT TO YOU.

IT APPEARS FROM YOUR PRESENT LETTER THAT YOU BELIEVE THAT OUR ACTION CONCERNING THE WAIVER WAS BASED UPON SOME QUESTION AS TO THE VALIDITY OF MRS. ERLANGER'S SIGNATURE ON THE WAIVER. SUCH IS NOT THE CASE. WE DO NOT QUESTION THE VALIDITY OF MRS. ERLANGER'S SIGNATURE. HOWEVER, THE PROVISIONS OF SECTION 3477, REVISED STATUTES (CODIFIED IN SECTION 203 OF TITLE 31 OF THE UNITED STATES CODE), DECLARE EXPRESSLY, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, THAT ALL TRANSFERS AND ASSIGNMENTS MADE OF ANY CLAIM AGAINST THE UNITED STATES "SHALL BE ABSOLUTELY NULL AND VOID," UNLESS FREELY MADE AFTER THE ALLOWANCE OF SUCH A CLAIM, THE ASCERTAINMENT OF THE AMOUNT DUE AND THE ISSUING OF A WARRANT FOR THE PAYMENT THEREOF. SINCE MRS. ERLANGER'S CLAIM HAS NOT BEEN ALLOWED, WE ARE PRECLUDED BY THAT STATUTE FROM RECOGNIZING HER WAIVER AS TRANSFERRING TO YOU HER RIGHT TO PAYMENT AS THE DESIGNATED BENEFICIARY OF SERGEANT HESS. WE REGRET THAT WE MAY NOT ALLOW YOUR CLAIM ON THE BASIS OF THE WAIVER.

WE WISH TO REITERATE, HOWEVER, THAT IF MRS. ERLANGER SHOULD CLAIM AND BE ALLOWED THE AMOUNT DUE THERE IS NO REASON WHY SHE COULD NOT ENDORSE TO YOU THE CHECK DRAWN IN PAYMENT OF THE CLAIM. WE SUGGEST THAT WHEN YOU CAN LOCATE MRS. ERLANGER YOU PROPOSE THAT COURSE OF ACTION TO HER.

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