About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-182749 1 (1975-09-24)

handle is hein.gao/gaobadixy0001 and id is 1 raw text is: TH1I COMPTROLLER Gr3WRAL ' ErCISID:N C)A OF T H I U NI T ED 8TATEI-S W A S H I N G T . N 0. C . 2 0 5 4 8 FILE: B-182749 DATE: SEP 2 4 1975 MATTER OF: Six monthst death gratuity - '7 Sergeant Robert R. Heaton, USA, Deceased DIGEST: Brother and sister-in-lLM7 (h-,usband and wifc) of service nember are not eligible to rcceive six months' death gratuity (10 U.S.C. 903 (1052)) where member properly desiguated another cliiible relative to be the recipient of such gratuity. This action is in response to letters dated Septe:obar 27 and December 14, 1974, signed, 1r. and lirs. William 11. leaton, w'hich constitute an appeal from the determiination by the Transportation and Claimns Division of this Office that they are not entitled to receive paymnent of the six months' death gratuity in the case of Sergeant Robert R. Heaton, USA, 11A 14-273-010, deceased. The record in this case sho-s that Sergeant Keaton vas shown as missing in action in Korea on Aug'ust 11, 1950. iie was c5r.ied .rl this sttis until :Iarch 23, 1954, -.hen Con adninistrativ( deterr-ina- tion of his death was made pursuant to the act of 11arch 7, 1942, ch. 166, 56 Stat. 145, as amended, 50 U.S.C. App. 10l, ct !o9. (1952 ed.). The Report of Death (DA Form 52-1). dated Iarch 23, 1954, showed Sergepant Heaton's next of kin as. r. Willian 1. Hc, aton, brother. The Report of Death also showed as beneficiary, 14r. Pinkney A. Heaton, brother, and as alternate ieneficiary, 1r. Shafer E'. Heaton, brother. This designatio-t of beneficiary was for the six nonths' death gratuity payable pursuant to the act of December 17, 1919, ch. 6, 41 Stat. 367, as amended, 10 U.S.C. 903 (1952 ed.). TPhe record indicates that Sergeant Heaton Nyas not survived by a widow, child or parent. Therefore, pursuant to the act of June 30, 1906, ch. 3914, 34 Stat. 750, a3 a-mended, 10 U.SC. S63 (1952), the Army settled Sergeant Hoaton's arrears of piy by paying one-seventh of such pay to each of his 3urviving brothers 1ad sisters. The record shows that Mr. William H. 1leatou was paid his share ($1,237.58) by check dated June 30, 1954. The record also shows that the full anmunt of the six months' death gratuity ($1,185.90) was paid on April 19, 1954, to Pinkney A. kleaton, the designated beneficiary for such payment,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most