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B-191246 1 (1978-04-13)

handle is hein.gao/gaobadfxj0001 and id is 1 raw text is: I DECISION FILE: 8-191246 J.D. Mosher Ti 4U COMPTROLLER GENERAL . 0' THE UNITED UTATES WASHINOTON, D.C. 20540 N- 11In Mil.Pers. DATE: April 13, 1978 MATTER OF: Mr. Leroy R. O'BrIem DIGEST: Where Governmnt records necessary to either justify or refute a chim have been destroyed pursumat to law, or become unavailable due to the lapse of time, and there is no other docmentation available from any source to establish the liability of the United StatAs, this Office has no alternative but to muatain the Claims Division's disallowance of the claim. This action is in response to a letter from Mr. Leroy R. O'Brien, which constitutes an appeal from a settlement by the Claims Division of this Office dated February 20, 1976, which disallowed hiz claim for family allowance believed due hir for the pariod April 19, 1944, through February 18, 1946, incident to his military service with the U.S. Army. The record shows that the member first made inquiry about this matter on February 28, 1946. A subsequent inquiry vae received In the General Accounting Office and acknowledged on April 4, 1952. A copy of a letter dated May 7, 1953, addressed to the claimant and submitted by the claimant as an enclosure to his most recent inquiry, indicates that he was requested by the Retained Accounts Division, U.S. Army Finiue Center, St. Louis, Missouri, to completaFCUSA Form 3-137 strting thereon the exact nature of his claim and the period involved. There is nothing in.the file to indicate that the infdrmation requested was ever supplied. Further inquiry by the member about his claim apparently did not occur until 10 years later on November 20, 1963. The next correspondeL!ce in the file is a copy of a letter from the Army to Senator Talmadge dated August 19. 1975, ind!isating that the Senator had written ca behalf ;f the claimant regarding his claim. The Servicemen's Dependents Allowance Act of 1942, 56 Stat. 381, 37 U.S.C. 201 et seA. (1940, Supp. II) p, .ided wartime allowances to servicemen's dependents. Howet .r, in order to be eligible for such allowances written application had to be made eLf I1 I. 'I I

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