B-152388, APR. 9, 1964
Highlights
RETIRED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 2. 000.00 PLUS EXPENSES AND INTEREST" ON ACCOUNT OF MEDICAL EXPENSES FOR YOUR DEPENDENT CHILD ALLEGED TO HAVE BEEN INCURRED BY YOU AS A RETIRED MEMBER OF THE UNITED STATES COAST GUARD OVER A 4-YEAR PERIOD COMMENCING IN 1950. YOUR CLAIM WAS RECEIVED IN THIS OFFICE ON JANUARY 3. YOU WERE ADVISED THAT IN VIEW OF THE PROVISIONS OF 31 U.S.C. 71A (10-YEAR BARRING ACT) NO CONSIDERATION MAY BE GIVEN BY THIS OFFICE TO ANY PART OF YOUR CLAIM FOR MEDICAL EXPENSES WHICH YOU MAY HAVE INCURRED ON ACCOUNT OF YOUR DEPENDENT CHILD PRIOR TO JANUARY 3. YOU WERE ALSO ADVISED IN THE DECISION OF JANUARY 29. THAT WE WERE REQUESTING A REPORT FROM THE COMMANDANT.
B-152388, APR. 9, 1964
TO MR. VINCENT S. LUKAS, USCG, RETIRED:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 2, 1964, WHEREIN YOU PRESENTED CLAIM TO THIS OFFICE FOR "$30,000.00 PLUS EXPENSES AND INTEREST" ON ACCOUNT OF MEDICAL EXPENSES FOR YOUR DEPENDENT CHILD ALLEGED TO HAVE BEEN INCURRED BY YOU AS A RETIRED MEMBER OF THE UNITED STATES COAST GUARD OVER A 4-YEAR PERIOD COMMENCING IN 1950.
YOUR CLAIM WAS RECEIVED IN THIS OFFICE ON JANUARY 3, 1964, AND IN DECISION OF JANUARY 29, 1964, B-152388, YOU WERE ADVISED THAT IN VIEW OF THE PROVISIONS OF 31 U.S.C. 71A (10-YEAR BARRING ACT) NO CONSIDERATION MAY BE GIVEN BY THIS OFFICE TO ANY PART OF YOUR CLAIM FOR MEDICAL EXPENSES WHICH YOU MAY HAVE INCURRED ON ACCOUNT OF YOUR DEPENDENT CHILD PRIOR TO JANUARY 3, 1954. SEE LETTER TO YOU OF MARCH 4, 1964, B-152388,FURTHER EXPLAINING THE APPLICATION OF THE PROVISIONS OF 31 U.S.C. 71A.
YOU WERE ALSO ADVISED IN THE DECISION OF JANUARY 29, 1964, THAT WE WERE REQUESTING A REPORT FROM THE COMMANDANT, UNITED STATES COAST GUARD, CONCERNING THE ALLEGATIONS MADE BY YOU IN YOUR LETTER OF JANUARY 2, 1964. IN LETTER DATED MARCH 27, 1964, THE COMMANDANT, UNITED STATES COAST GUARD, HAS ADVISED THIS OFFICE AS FOLLOWS:
"THIS IS IN FURTHER REPLY TO YOU LETTER OF 29 JANUARY 1964, WITH ENCLOSURES, CONCERNING MR. VINCENT S. LUKAS (257-080) BMC, UNITED STATES COAST GUARD (RETIRED) AND HIS STATEMENT THAT HE WAS REFUSED MEDICAL CARE FOR HIS SON IN 1950.
"A THOROUGH SEARCH OF THE RECORDS BY THE PERSONNEL AT THE OUTPATIENT CLINIC AT HUDSON AND JAY STREETS, NEW YORK CITY, AND AT THE PUBLIC HEALTH SERVICE HOSPITAL, STATEN ISLAND, NEW YORK, WAS MADE WITH NEGATIVE RESULTS.
"ADDITIONALLY, A SEARCH BY PERSONNEL AT THE OUTPATIENT CLINIC IN PHILADELPHIA PRODUCED NEGATIVE RESULTS. THE OFFICER-IN-CHARGE AT PHILADELPHIA STATED THAT OLD RECORDS COMMENCING IN 1950 WERE LOCATED IN LEXINGTON, KENTUCKY, AT THE U.S. PUBLIC HEALTH SERVICE HOSPITAL. REQUEST TO THIS HOSPITAL FOR A SEARCH OF THEIR FILES WAS MADE. THEIR REPLY INDICATED THAT THEY COULD NOT FIND ANY RECORDS FOR MR. LUKAS.
"IT WOULD APPEAR, THEREFORE, THAT NEITHER MR. LUKAS NOR HIS SON RECEIVED TREATMENT AT PHILADELPHIA OR NEW YORK IN 1950. HOWEVER, IT CANNOT BE DEFINITELY STATED THAT HE WAS REFUSED TREATMENT SINCE AN ENTRY TO THAT EFFECT WOULD NOT NECESSARILY BE MADE IN THE OFFICIAL RECORDS AT THE CLINIC OR HOSPITAL.'
THE ABOVE-QUOTED REPORT DOES NOT DISCLOSE ANY EVIDENCE OR FACTS FROM WHICH IT MAY BE CONCLUDED THAT YOU HAVE A RIGHT TO THE BENEFITS CLAIMED. HENCE, NO CHANGE IS REQUIRED WITH RESPECT TO THE CONCLUSION REACHED IN THE DECISION OF JANUARY 29, 1964.