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B-217563 1 (1986-06-24)

handle is hein.gao/gaobadmji0001 and id is 1 raw text is: 0* /.o THE COMPTROLLER GENERAL DECISION . OP THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-217563 DATE: June 24, 1986 MATTER OF: Gordon L. Redmond, Sp5, USA, Retired (Deceased) DIGEST: Sister-in-law of deceased member claims accumulated retired pay of member as legal - representative of his estate. Her claim is doubtful since the will was probated in Pennsylvania although evidence in the record indicates that member and his wife were domi- ciled in New York. In addition, the will was executed in June 1967, a year after the member was permanently hospitalized in the Veterans Administration medical facility in New York, and after he had been determined to be mentally incompetent by the Veterans Administration and a custodian had been appointed for him. He was never found to have regained competency before his death in 1982. Therefore, the claim is of doubtful validity and may not be allowed. This action is in response to a request for reconsideration of our Claims Group's December 5, 1985 denial of the claim of Helen E. Miniafee, in the matter of Gordon L. Redmond, deceased.1/ Mrs. Miniafee is claiming accumulated retired pay of Gordon L. Redmond as the legal representative (and sole bene- ficiary) of the estate. It is our view that the claim is of doubtful validity and thus may not be allowed. Background The late Gordon L. Redmond was placed on the Army's perma- nent disability retired list on August 7, 1965, with a disability rating of 90 percent. At that time Army records indicated that his address and place of retirement were Buffalo, New York. Specifically, a retired pay document submitted by the Army indi- cates that Mr. Redmond wished to have his retired pay mailed to 83 Northhampton Street, Buffalo, New York, and his Army Record of Emergency Data form, completed while he was on active 1/ The request for reconsideration was made by Thomas J. Kalman, Esq., Uniontown, Pennsylvania, acting on behalf of Mrs. Miniafee. 03sW

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