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B-201128 1 (1981-03-06)

handle is hein.gao/gaobadjen0001 and id is 1 raw text is: THE COMPTROLLER G NERAL DECISION OF THE UNITED STATES WASHINGTON. D. C. 20548 -arp FILE: B-201128 DATE: March 6, 1981 MATTER OF: Major Howard H. Boyles, USAF, Retired DIGEST: 1. A retired service member was flying a nonmilitary plane over Laos in 1973 when it caught fire and crashed. His retired pay account was suspended effective the date of disappearance. Because his body was never found, a declaration of death was entered by a State probate court, based upon the State's statutorily authorized presumption of death after 5 years disappearance. A claim by the widow for accrued retired pay based on the court's determination of a presump- tive date of death 5 years after dis- appearance may not be allowed since retired pay accrues only during the life of the service member, and such court decrees do not establish that the person involved actually lived for a fixed period after disappearance or that death did not occur at the time of disappearance. 2. A retired service member was flying a non- military plane over Laos in 1973 when it caught fire and crashed. The fact alone that his entire body was not found does not arguestrongly in favor of continua- tion of life after the crash where there is independent and unrebutted evidence to support the conclusion that he died on the day of the crash, he has not been heard from since, and a State court has determined that he is presumed dead after the statutory period of absence. Therefore, computation and payment of accrued but unpaid retired pay may be made in accordance with 10 U.S.C. 2771 based on the determination that he died on the date of the crash, and a Survivor Benefit Plan annuity may be paid to the eligible survivor, effective the day after the crash.

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