B-132259, AUG. 16, 1957

B-132259, AUG. 16, 1957

TO MRS. PRUDENCIANA DECISION:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, 1957, ADDRESSED TO THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, REQUESTING PAYMENT OF AMOUNTS IN ADDITION TO THE AMOUNT OF $500 ALLOWED BY OUR SETTLEMENT DATED FEBRUARY 19, 1952, TO YOU AS GUARDIAN OF HERCILITA BRIONES, MINOR CHILD OF LIBRADO BRIONES, DECEASED, BECAUSE OF HIS DEATH WHILE EMPLOYED ON THE S.S. FLORENCE D. YOUR LETTER WAS FORWARDED TO OUR OFFICE FOR APPROPRIATE REPLY.

YOUR CLAIM WAS ALLOWED IN THE AMOUNT OF $500 BECAUSE THE REPORT FURNISHED ON THE MATTER BY THE DEPARTMENT OF THE ARMY, DATED DECEMBER 21, 1951, FAILED TO DISCLOSE ANY ADDITIONAL AMOUNT DUE.

THE RECORD SHOWS THAT THE S.S. FLORENCE D WAS OWNED BY MADRIGAL AND COMPANY OF MANILA, PHILIPPINE ISLANDS. ON FEBRUARY 9, 1942, A CONTRACT WAS ENTERED INTO BETWEEN COLONEL JOHN A. ROBENSON, CAVALRY, UNITED STATES ARMY, REPRESENTING THE UNITED STATES ARMY, AND CAPTAIN C. L. MANZANO, AS CAPTAIN OF THE FLORENCE D, FOR THE ATTEMPTED ACCOMPLISHMENT OF A SPECIAL MISSION FOR THE WAR DEPARTMENT. THE CONTRACT DATED FEBRUARY 9, 1942, PROVIDED, IN PERTINENT PART, AS FOLLOWS:

"THAT: IN VIEW OF THE FACT THAT NO LIFE INSURANCE COMPANY IN THIS LOCALITY WILL ACCEPT INSURANCE ON INDIVIDUAL FOR THIS MISSION, AND THAT THE URGENT NEED FOR RAPIDITY OF ACTION PRECLUDES ANY CORRESPONDENCE WITH LIFE INSURANCE COMPANIES IN OTHER COUNTIES, IT IS NECESSARY THAT THE UNITED STATES ARMY * * * ASSUME THE LIFE INSURANCE LIABILITY OF THE ABOVE NAMED OFFICERS AND CREW, TO THE AMOUNT SET OPPOSITE THEIR RESPECTIVE NAMES (OUT OF FUNDS SET ASIDE FOR SPECIAL MISSION), FOR ONLY SUCH TIME AS IT TAKES TO ACCOMPLISH THE MISSION ON WHICH THEY ARE ABOUT TO UNDERTAKE. SUCH PERIOD OF LIABILITY WILL EXTEND TO 60 DAYS FROM THE DATE THE STEAMSHIP "FLORENCE D" LEAVES THIS PORT ON THIS MISSION, PRESUMABLY ON OR ABOUT FEBRUARY 9, 1942. IN CASE OF DEATH DURING THIS TRIP AS A RESULT OF INJURY OR ACCIDENT INCIDENT TO THIS MISSION, THE ABOVE NAMED SUM OR SUMS WILL BE PAID BY THE FINANCE OFFICER, UNITED STATES ARMY (OUT OF FUNDS SET ASIDE FOR THIS SPECIAL MISSION), TO THE BENEFICIARIES LISTED ABOVE.'

THE AMOUNT SET OPPOSITE THE NAME OF LIBRADO BRIONES WAS "$500.00," WHICH WAS STIPULATED FOR PAYMENT TO MERCILITA BRIONES AS BENEFICIARY ON HIS DEATH. THAT AMOUNT COVERS THE FULL AMOUNT DUE TO MERCILITA BRIONES UNDER THE TERMS OF THAT AGREEMENT BECAUSE OF DEATH. YOU WILL UNDERSTAND, WE ARE SURE, THAT IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO THE CONTRARY, OUR ACTION ON YOUR CLAIM NECESSARILY MUST BE GUIDED BY THE OFFICIAL RECORDS PRESENTED TO US BY THE DEPARTMENT OF THE ARMY, WHICH WAS THE AGENCY OF THE GOVERNMENT RESPONSIBLE FOR THE MAKING OF THE RECORDS. SINCE YOU HAVE BEEN PAID THE STIPULATED SUM, THERE IS NO LEGAL BASIS FOR PAYMENT OF ANY ADDITIONAL AMOUNT TO YOU.

CONCERNING THE POSSIBILITY OF A DEATH BENEFIT PAYMENT IN ADDITION TO THAT AUTHORIZED BY THE CONTRACT, WE REGRET TO INFORM YOU THAT WE ARE AWARE OF NO PROVISION OF LAW WHICH WOULD AUTHORIZE SUCH A PAYMENT.