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B-192669 1 (1978-12-01)

handle is hein.gao/gaobadgqn0001 and id is 1 raw text is: VMS COMPTROLLER SENSUAL DEOISIPN UP TME UNITES STAE. WAUMINUTCN. D.C.R uem Viva TI PIL.e: B-192669 DATE: December 1, 1978 MATTER OF: Retired pay--presumption of death DIGEST: A claim by a retired Navy member's wife for the member's retired pay accruing during the 7-year period from the date of his disappearance to the date he was declared dea' by a State court may not be allowed since retired pay is payable only during the member's life and there no showing that he was alive after him disappearance or when he actually died, and the.State court determination appears to be presumptive only and does not estah- lish that the member lived for 7 years. This decision is the result of an appeal of a settlement by our Claias Division dated July 31, 1978, denying a wife's claim Xor her husband's retired pay for the period January 1, 1970, through November 26, 1976. A retired member of the Navy disappeared from the Veterans' Administration Hospital, Seattle, Washington, on Noveber 26, 1969, after having been diagnosed as suffering from a fatal disease. Apparently the disease was in its advanced stage at the time the member disappeared. His retired pay was suspended effective Janu- ary 1, 1970. No information concerving his whereabouts or existence has been received since his disapptirance. On March 25, 1977, the Superior Court of the State of Warhington for Kitsap County held a hearing for th-t purpose of adjudicating intzstacy and beirship in the matter of his estate. The Court in connection with that hear- ing issued an order stating that the cember had died intestate on November 26, 1976, leaving property in the State of Washington subject to probate. There is no indication that the United States was represented at that hearing. The retired pay of a retired member of the armed services accrues only during the life of the.uember. 48 Comp. Cen. 706 (1969). Payment of such pay is generally authorized to be made only to the retired member, exc'pt that upon hi. deaTh the amount accrued but unpaid may be paid to his beneficiary as provided by 10 U.S.C. 2771. Therefore, the fact of the member's death and the date 'of death must be established before payment may be made on such cliim. We have also held that retired pay may not be paid FILE COPY - G0mP GEB PUBL!SHED DECISION 58 Camp. Gen .....

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