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B-207214 1 (1982-11-04)

handle is hein.gao/gaobadksb0001 and id is 1 raw text is: DECISION FILE: B-207214 MATTER DIGEST: THE COMPTROLLER OSNER kj9r7 /2dd ci OF THE UNITED STATES WASHINGTON. O.C. 20548 DATE: November 4, 1982 OF: Fireman Joseph Garrate Dumol, USN (Deceased) 1. The gratuity provided in 10 U,S.C. 1475-1480 that is payable upon the death of a service member may be paid to survivors only according to the priority list contained in 10 U.SC. 1477. Since surviving children are lower in priority on that list than a surviving spouse, the children may not be paid when there is an eligible spouse, 2. Where neither of two conflicting claimants to a death gratuity payable under 10 U.S.C, 1475-1480 can clearly establish entitlement to payment as the surviving spouse of the deceased service member, the gratuity may not be paid to anyone unless and until more conclusive evidence is submitted in the matter, or a certified copy of a decree of a court of competent jurisdiction establishing entitlement is presented. The question in this case is which of two women, both claiming to be the surviving spouse of Fireman (EMFN) Joseph Garrate Dumol, USN (Deceased), is in fact his surviving spouse and entitled to the death gratuity provided in 10 U.S.C. 1475-1480, Since neither claim- ant has definitely established that she is the widow of decedent Dumol, payment of the death gratuity should be withheld until more conclusive evidence is submitted or until a certified copy of a decree of a court of com- petent jurisdiction is received that judicially establishes which of the two claimants is actually the widow of the decedent. The Chief of Naval Personnel presented the question through the Navy Accounting and Finance Center, and the matter has been assigned control number DO-N-1396 by the Department of Defense Military Pay and Allowance Committee.

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