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B-222066 1 (1986-06-26)

handle is hein.gao/gaobadmjj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL ONCISION. OF THE UNITED STATEE WASHINGTON. 0. C. 20548 FILE: B-222066 DATE: June 26, 1986 MATTER OF: Sergeant Mark D. McBride, USA (Deceased) DIGEST: A soldier designated, as the person to receive his unpaid military pay and allowances in the event of his death, Jean S. McBride (wife). That desig- nated, identifiable person is entitled to the solider's accumulated pay following his death notwithstanding that they had divorced and she was the soldier's former wife at the time he designated her as his beneficiary. Determinations concerning entitlement to the accumulated pay of deceased service members must be made in conformity with their written designa- tions, and a service member's designation may not be set aside on the basis of con- jecture that the member might or should have intended to make a contrary designa- tion. The parents of Mark D. McBride appealed our Claims Group's denial of their claim for unpaid military compensation due their deceased son, who designated a different beneficiary. We conclude that the unpaid compensation must be paid to the designated beneficiary and not to the parents. Facts Mark D. McBride was a sergeant in the United States Army. He died on September 28, 1983, from injuries sus- tained in an altercation on the same day. Sergeant McBride had designated Jean S. McBride (wife) as the beneficiary for unpaid pay and allowances on a form dated September 7, 1982. Jean S. McBride was not his wife on the date he signed the form; she was his ex-wife. The divorce was final on December 10, 1981, nearly 9 months prior to the filing of the beneficiary form. He also indicated on that form that his parents, Douglas J. McBride and Eleanor A. McBride, were both deceased. However, Douglas and Eleanor McBride are still alive. 0ISS 0C (A

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