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B-192554 1 (1978-10-26)

handle is hein.gao/gaobadgno0001 and id is 1 raw text is: 







                    /.  ¶\  TH  -ClvPTROLL  r0- C-l11/AL
[34 1                       QFCPIiIL1i .P THL1 UNITED UTATEC0
                  <4,VALkIINUT  CJrJ.  D. C. LPU0 *1U


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DIGEST:


DATE:


October 26, 1978


Estate of 1oward Stokely


Where Government records necessary to
either justify o', refute a claim have
been destroyed pursuant to law, or
become unavailable due to the lpse of
time, and tero  is no other documenta-
tion available from any sircee to estab-
lish the liability of the United Statis,
this Office has no alternative but -to
sust in the Claims Division's disallow-
ance of the claim.


   1iThis action is in responseto a letter from Mr. Freddie
Stokely, which constitutes an appeal from our Claims Division
settlementdated  October 3, 1975, which disallowed Mr. Stokely's
claim for the proceeds of a check allegedly mailed to but never
received by his aunt or some other family member after the death
of his uncle, lbward Stokely, a former member of the United Statcs
Ar5y.

     The record shows that'on October 7, 1917, Mr. Ho% ell Stokeland
was inducted into the Uited State. Army.  He was discharged on
February 5, 1920.  However, the fingerprints of Howard Stokely are
identical iith those of Howell Stokeland. The record further indi-
cates that Mr. Howard Stokely died *on November 16, 1926.

     The claimant 'believes that a check was issued to his uncle in
the name ol Howcll Stokeland An the 1920s or 1930s. In the absence
of more specific information on April 4, 1975, our Claims Division
requested the claimant to furnish hgis unule's service number and
the dateof.his  discharge. Upon receijit of this information and
since no payinent due was I3entifiid as a result thereof our Claims
Division on October 3, 1975, asked the zlaimant to furnish further
information including the unber of the check, date of the check
and the name and symbol. number of the disbursing officer, The
claimanL has not furnishe this information.           r

     We have been advised by the United States Army Finance and
Accounting Center that pay records prior to 1959 have been
destyed   pursuant.to law rtaiting to disposal of records (se
Chapter 33 of title 44, United StaLes Code, and title 41., Code
of Federal Regulations, Chapter 101, Pait 101-11l - Records


I


FILE:  B-192554

MATTER OF:


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