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B-184906 1 (1976-04-20)

handle is hein.gao/gaobaddpa0001 and id is 1 raw text is: I DECISION THE COMPTRO...LR GENERAL OF THE UNITEO STATES WASHINGTON, D.C. 20549 FILE: B-184906 DATE: APR 2 0 1976 MATTER OF: Lieutenant Colonel Roue Leonard Hogan, USA (Retired) (Deceased) DIGEST: Deceased service member's first wife is entitled to arrears of retired pay of deceased member since Retired Pay Division of Army Finance Center has on file a form designating deceased member's first wife as beneficiary and did not receive form changing that designation of beneficiary prior to member's death. Deceased member's second wife is not pres- ently entitled to arrears of pay but she may become so entitled if first wife fails to file a claim within 3 years after member's death. This action is in response to a letter dated August 13, 1975, from Mrs. Beatrice J. Hogan, which, in effect, requests reconsid- eration of a settlement dated September 4, 1974, by our Transporta- tion and Claims Division (now Claims Division) which disallowed her claim for the arrears of retired pay due in the case of the late Lieutenant Colonel Roue Leonard Hogan, USA, who died Novem- ber 11, 1973. Mrs. Hogan claims to be the beneficiary designated to receive such arrears of retired pay. The record shows that on February 3, 1961, the member executed a DD Form 93, Record of Emergency Data, naming his then wife, Dollie Mace Hogan, as beneficiary for unpaid pay and allowances which might be due on his death. Our Office has confirmed that this form was duly filed with the Retired Pay Division of the Army Finance Center, Indianapolis, Indiana. The record also shows that on March 10, 1969, the member apparently executed a DA Form 3140, change of beneficiary, in which the beneficiary for unpaid pay and allowances was changed so as to substitute the name of his second wife, Beatrice J. Hogan, for that of his first wife, Dollie Mace Hogan. However, the Retired Pay Division of the Army Finance Center has advised this Office that they have no record of having received that change of benefi- ciary form until Mrs. Beatrice Hogan sent them a copy on Febru- ary 14, 1974, several months after the member's death on November 11, 1973. Section 2271(a) of title 10, United States Code, provides that in the settlement of the accounts of a deceased member of the armed q 64.1

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