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B-243829 1 (1991-12-13)

handle is hein.gao/gaobadnzg0001 and id is 1 raw text is: Comptrolier General /, of the United States Washington, D.C. 20548 Decision Matter of: Chief Warrant Officer Glen N. Burbage, USCG (Retired) File: B-243829 Date: December 13, 1991 DIGESTS 1. Where there is no evidence that a military member died before a state court decree presumptively declaring his date of death to be 7 years from the date of his unexplained disappearance, claim of surviving spouse for undisbursed retired pay up to the court determined date of death is allowed. 43 Comp. Gen. 503 (1964) and\58 Comp. Gen. 131 (1978) are miodified accordingly. 2. Spouses of military members who retired before 1972, when the Survivor Benefit Plan went into effect, were not entitled to notice that member-spouses had elected not to participate in the plan. DECISION This action is in response to a request for decision from a United States Coast Guard certifying officer relating to the payment of the retired pay in the case of Chief Warrant Officer Glen N. Burbage, USCG (Retired), who has been reported missing since March 23, 1981. We find that the retired pay up to the date CWO Burbage was declared dead should be disbursed. CWO Burbage retired on March 1,1960. He took an airline flight on March 23, 1981 from Charleston, South Carolina to Atlantic City, New Jersey and picked up his luggage at the airport. He has not been seen or heard from since that date-. On January 4, 1982, his wife, Doris H. Burbage, notified the Coast Guard that her husband was missing and at that time the member's retired pay was suspended. On July 31, 1990, the Charleston County Probate Court declared CWO Burbage dead and established the date of death as March 23, 1988, 7 years from the date of his disappearance. Mrs. Burbage has made claim for her husband's withheld retired pay. The Coast Guard has computed this amount to be $75,529.16 ($81,984.10 for the period of March 1, 1981 C. -i f

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