B-87820, AUG. 14, 1964

B-87820: Aug 14, 1964

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THE DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED BY OUR LETTER OF AUGUST 11. YOU WERE THEREIN ADVISED THAT "THIS OFFICE HAS NO DISCRETION AS TO THE AMOUNT FOR ALLOWANCE IN CASES OF THIS TYPE BUT MUST CERTIFY FOR PAYMENT TO THE PERSON ENTITLED THERETO THE AMOUNT WHICH THE WAR DEPARTMENT (DEPARTMENT OF THE ARMY) REPORTS AS THE NET BALANCE DUE THE DECEASED EMPLOYEE'S ESTATE. OUR OFFICE IS WITHOUT AUTHORITY TO MODIFY THE AMOUNT ADMINISTRATIVELY DETERMINED TO BE DUE THE ESTATE OF YOUR LATE HUSBAND.

B-87820, AUG. 14, 1964

TO MRS. CLEOTILDE R. VDA DE OBINA:

THIS REFERS TO YOUR LETTER OF JULY 16, 1964, REQUESTING FURTHER REVIEW OF OUR OFFICE SETTLEMENT DATED JUNE 3, 1948, WHICH ALLOWED $35 AS DUE THE ESTATE OF PEDRO M. OBINA, DECEASED, THE PAYMENT HAVING BEEN MADE THROUGH THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY AS ADMINISTRATOR OF THE ESTATE OF PEDRO M. OBINA, DECEASED.

UPON APPEAL, THE DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED BY OUR LETTER OF AUGUST 11, 1949, B-87820. YOU WERE THEREIN ADVISED THAT "THIS OFFICE HAS NO DISCRETION AS TO THE AMOUNT FOR ALLOWANCE IN CASES OF THIS TYPE BUT MUST CERTIFY FOR PAYMENT TO THE PERSON ENTITLED THERETO THE AMOUNT WHICH THE WAR DEPARTMENT (DEPARTMENT OF THE ARMY) REPORTS AS THE NET BALANCE DUE THE DECEASED EMPLOYEE'S ESTATE. ANY FURTHER INQUIRIES REGARDING THE MATTER SHOULD BE ADDRESSED TO THE DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C.'

AS INDICATED IN THAT DECISION, OUR OFFICE IS WITHOUT AUTHORITY TO MODIFY THE AMOUNT ADMINISTRATIVELY DETERMINED TO BE DUE THE ESTATE OF YOUR LATE HUSBAND. THEREFORE, OUR PRIOR ACTIONS MUST BE SUSTAINED.

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