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B-139028 1 (1973-01-04)

handle is hein.gao/gaobadukv0001 and id is 1 raw text is:                     )IG-EST  MTITAFL.     4                           146

               COMPTROLLER GENERAL OF THE UNITED STATES
                          WASHINGTON, D.C. .20548


B-139028                                  JAN 4: 1973





Cantcu, Ohio 44710

Dear Mrs.

     Further reference is made to your letter of November 17, 1971,
concerning your cls4a for the remaining one-half share of the pay and
allowances reserved for the father of .your late son,
aa of June 25o 1953, the date of receipt of evidence of his death in
Korea hile serving an a sergeant first class, United States ArnW.

     You ay that the decedent's father,                   died in Long
Beach, California, on October 18, 1971. In this connection, there has
been received here a emmmication dated January 3, 1972, from the
Stark County Soldiers Relief Comidsaion, Veterans Service Center,
Canton, Ohio, enclosing a certified true copy of a death certificate
showing that                 died in Long Beach, California, on Octo-
ber I, 1971. As a result of Mr.          death, you say you wish to
&pply for the remaini   one-half share of your sons pay reserved for
the father.

     Your/claim was the #abject of . mrous Oecisions to you dated
April 29;f95, June 2     1960, February 15,196L, March 22P1966, and
April 19,,1966 .B-139028.V You were advised in those decisions that
the act of Fehrnary 25, 1946, 60 Stat. 30, expressly. provided that,
vhere no deoad is presented by a duly qqpointed legal representative
of the estate and the decedent is not srvived by a widow or descen-
dent, the accounting offitexemay allim the amount found due to the
father and mother in equal-rets ar if either the father or mother
be deads, then tothe one surviving.   Y6U were also advised that the
father's shxe could not legally be allovedt'o you, as mother, while
he was alive.

     In the above decisions we also invited your attention to the pro-
visions of the barring act (31 U.S.C. ?iaand said that if a claim. by
a leogl representative of your son's estate vtn not received here by
June 24, 1963, we would be precluded frm considering such claim.
Finally, in decision of April 19, 1966, we advised you that since a
*Isix from a legal representative was not received here by June 24,
1963, such a claim would now be barred.


.               . .

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