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B-238482 1 (1991-07-05)

handle is hein.gao/gaobadnxe0001 and id is 1 raw text is: Comp r ler General of the United States W.*ingo, D.C. 1048 Decision Matter of: Xie QianhaQ rile: B-238482 Date July 5, 1991 DIGEST Settlement by the Claims Group that 31 U.S.C. § 3702(b) barred claim by son for arrears of military retired pay that were owed but never paid to his father, a retired Navy member living in China, and survivor's benefits, if any, owed his spouse is reversed. The claim is for monies withheld in accordance with 31 U.S.C. § 3329 which authorizes the Secretary of the Treasu'ry to hold monies in trust if the Oecretary determines that the payee lives in a country where iv is unlikely that he or she will receive checks from the United States or be able to negotiate them for full value, Claims to recover monies held in trust by the government are not barred under 31 U.S.C. § 3702(b). DECISION We have been asked to reconsider the claim of Xie Qianhao for arrears of military retired pay that were owed but never paid to his father, Ah Doe, a retired Navy member, and survivor benefits, ,ffany, owed Ah Doe's spouse. Our Claims Group denied Xi Qiiinhao's claim in 1984 on the gre:unds that consideration bf the'claim was barred by 31 U.S.C. § 3702(b). For the reasons presented below, we conclude that consideration dt this claim is not barred. Accordingly, the claim is remanded to the Navy for settlement after ascertaining what amounts of retired military pay owed to Ah Doe and survivor's benefits, if any, owed his spouse were withheld and whether the claimant, Xie Qianhao, is the proper beneficiary that is legally entitled to receive such amounts. BACKGROUND Mr. Ah Doo served i the United States Navy from 1905 until 1925. Upon his retirement; he received monthly retired pay ,from the Navy through the American Consulate in Shanghai, China. When relations with the United States and China were severed in 1949, the Navy discontinued sending his retired pay to the Consulate. He died in 1965, and his wife, Nin Ah Do, died in 1975. Diplomatic relations were restored in 1979.

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