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B-243907 1 (1991-07-26)

handle is hein.gao/gaobadnxk0001 and id is 1 raw text is: Comptrolier Geoend of the United States WaiAtoma, D.C, 20648 ~Decision Matter of: John P. Donohoe, USN (Retired) (Deceased) File: B-243907 Date: July 26, 1991 DICISIOM This refers to an appeal by James F. Donohoe of our Claims Group's settlement denying his claim for the unpaid retired pay due his late brother, John P. Donohoe, USN. Our Claims Group concluded that under 10 U.S.C. § 2771 John Donohoe's natural children, although adopted by another person, are entitled to the unpaid retired pay. The Claims Group's settlement is affirmed. John P. Donohoe, a resident of Virginia, died there on July 28, 1990, apparently intestate. There is no record that he had designated a beneficiary to receive the unpaid retired pay. The record also shows that Alice Marie Donohoe, John Patrick Donohoe, and Michael Wayne Donohoe are the natural children of John P. Donohoe and Lottie J. Parleir. Under a Final Order of Adoption issued by the Circuit Court of the City of Roanoke, Virginia, dated April 90 1979, they were adopted by Russell J. Parleir and his wife, Lottie J. Parleir, the children's natural mother. Jam3s Donohoe, the decedent's brother, paid the funeral expenses. Mr. Donohoe is claiming the unpaid retired pay on the basis that if no children are entitled to the pay under 10 U.S.C. § 2771, he would receive the retired pay under the law of the state where the decedent was domiciled. He argues that under Virginia law adoption severs any relationship between the child and its biological parent. Under 10 U.S.C§ 2771, any retired pay Unpaid at the time of the member's death is paid to the person highest on a list set out in the statute who is living on the date of the member's death. That list includes a designated beneficiary, a surviving spouse, the member's children and their descendants, the member's parents in equal parts or the survivor, the member's legal representative, or a person entitled under the law of the state where the member is domicized. Section 63.1-233 of the Virginia code, which deals with adoption, provides that adoption severs the parent-child

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