Authorizing Payment of Claims Arising from Correction of Military and Naval Records: Hearing Before a Subcommittee of the Committee on Armed Services, United States Senate, Eighty-second Congress, First Session, on H.R. 1181, an Act to Amend Section 207 of the Legislative Reorganization Act of 1946 So as to Authorize Payment of Claims Arising from the Correction of Military and Naval Records. September 17, 1951

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U.S. Government Printing Office, 1951 - 17 pages
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Considers (82) H.R. 1181, (82) S. 308.

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Page 2 - Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award or determination shall be final and conclusive on all officers of the government, except when procured by means of fraud.
Page 2 - Guard service as the result of action heretofore or hereafter taken under section 207 of the Legislative Reorganization Act of 1946, as amended.
Page 2 - Force, respectively, under procedures set up by them, and acting through boards of civilian officers or employees of their respective Departments, are authorized to correct any military or naval record where in their judgment such action is necessary to correct an error or remove an injustice, and corrections so made shall be final and conclusive on all officers of the Government except when procured by means of fraud: Provided, That procedures set up by the Secretaries of the Army, Navy, and Air...
Page 2 - Hereafter, in the settlement of the accounts of deceased officers or enlisted men of the Army, where the amount due the decedent's estate is less than five hundred dollars and no demand is presented by a duly appointed legal representative of the estate...
Page 2 - The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release by the claimant of any claim against the United States and against the employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter.
Page 2 - That the failure to file the request by claimant, his heirs at law, or legal representative, within three years after his or their discovery of the alleged error or injustice may be excused by such board of civilian officers or employees of the respective Departments upon finding by It that it is in the interest of justice to excuse such failure to file within the prescribed time in which event action shall be taken in the same manner as if the request had been filed within the three years as prescribed...
Page 2 - Provided, That in the case of deceased persons where no demand is presented by a duly appointed legal representative of the estate, payments otherwise due hereunder shall be made to the decedent's widow, widower, legal heirs, or beneficiaries, in the order of precedence or succession as may be prescribed by the applicable provisions of law relating to the kind of payment involved and when not otherwise so provided, in the order of precedence as set forth In the act of February 25, 1946 (60 Stat....
Page 2 - ... constitute a complete release by the claimant of any claim against the United States on account of such correction of record and such settlement shall be final and conclusive on all officers of the Government, including review by? the courts of the United States, except when procured by means of fraud. "(d) Applicable current appropriations shall be available for payment of such sums as may be due for continuing the pay (including retired or retirement pay), allowances, compensation, emoluments,...
Page 2 - States on account of such correction of record. (d) Applicable current appropriations shall be available for payment of such sums as may be due for continuing the pay (including retired or retirement pay), allowances, compensation, emoluments, and other monetary benefits to persons who shall have received payment pursuant to the provisions of subsection (b) of this section and who may be entitled to such continuing payments as a result of the correction of their military or naval records : Provided,...
Page 2 - ... In the act of February 25, 1946 (60 Stat. 30), or as may be prescribed by the applicable provisions of law relating to the kind of payment involved. (1) This subsection shall not be deemed to authorize the payment of any claim heretofore compensated by Congress through enactment of a private law. (c) The acceptance by the claimant of any settlement made pursuant to subsection (b) of this section shall constitute a complete release by the claimant of any claim against the United States on account...

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