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B-174048 1 (1978-12-28)

handle is hein.gao/gaobadgtf0001 and id is 1 raw text is: 0 40,LE ri THE COMPTROLLER GENERAL?~~~ ISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-174048 DATE: December 28, 1978 MATTER OF: Chief Petty Officer Russell F. Thornberry, USN (Retired) DIGEST: 1. The retired pay of a retired member of the armed services accrues only during his life- time. Payment of such pay is generally authorized to be made only to the retired member, except that upon his death the amount accrued but unpaid may be paid to his bene- ficiary as provided by 10 U.S.C. 2771 (1976). Therefore, the fact of the member's death and date of death must be established before pay- ment may be made on such claim. 2. Where the only basis presented for payment of a claim for retired pay of a missing person is a State court decree entered on the basis of presumptive evidence in a proceeding in which the United States is not a party, the United States is not necessarily bound by such a decree. In the absence of further proof that the member was alive after the date of disappearance, the claim of the member's son as beneficiary of unpaid re- tired pay accrued after the date of disappearance is too doubtful to allow. This decision is in response to a claim from Roark Russell Thornberry, as designated beneficiary, for unpaid retired or retainer pay due his father, Chief Petty Officer Russell F. Thornberry, USN (Retired) 560 34 5219. The claim was forwarded on his behalf by his attorney, Richard D. Hatch, Esq., and constitutes, in effect, an appeal from a settlement by the Claims Division of this Office dated April 23, 1976, which disallowed Roark R. Thornberry's claim for his father's unpaid retired or retainer pay. Apparently, Russell F. Thornberry was transferred to the United States Navy Fleet Reserve in 1960 and became entitled to retainer pay. The member disappeared sometime in 1966. The last retainer paycheck issued to him by the Navy was sent in December 1966 and was returned to the Navy as undeliverable. Nothing has been heard from the member since December 1966.

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