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B-208101 1 (1983-04-22)

handle is hein.gao/gaobadlat0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-208101 DATE: April 22, 1983 MATTER OF: Gunnery Sergeant John F. Cassel, FMCR (Deceased) DIGEST: A Marine who resided in a community prop- erty state filed a claim with the Marine Corps for loss and damage incurred in the shipment of his household goods incident to his military service. Prior to settle- ment of his claim, he was murdered by his wife. Even though a portion of the claim covers property in which the wife had an interest in ownership and even though she is highest on the list of claimants pro- vided under the Military Members' and Civilian Employees' Claims Act, 31 U.S.C. S 3721, she is not entitled to payment for any portion of the claim as the member's surviving spouse since she feloniously caused his death. Payment of the entire claim should be made to the member's sur- viving children of his previous marriage who are next in the order of priority of claimants under the Act. This is in response to a request for a decision as to the proper method for the settlement of the claim of Gunnery Sergeant John F. Cassel, Fleet Marine Corps Reserve (Deceased), for amounts due as a result of damage incurred in his shipment of household goods. The request was sub- mitted by the disbursing officer, Headquarters U.S. Marine Corps, Arlington, Virginia. We find that payment should not be made to the widow of Sergeant Cassel in spite of the fact that she had an owner- ship interest in a portion of the lost and damaged property covered by the claim. The entire amount should be paid to Sergeant Cassel's surviving children. Sergeant John F. Cassel was released from active duty and transferred to the Fleet Marine Corps Reserve on Au- gust 5, 1978, after 20 years of active service. He selected Sparks, Nevada, as his home, and he and his wife, Nancy, moved there. Their household goods were shipped there

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