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B-222678 1 (1986-11-28)

handle is hein.gao/gaobadmoc0001 and id is 1 raw text is: 0The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: John E. Jones, USN (Retired) (Deceased) File: B-222678 Date: November 28, 1986 DIGEST Where Navy member marries a second wife without dissolving his first marriage, his first wife is his legal widow on the date of his death and is entitled to the balance of his unpaid military retired pay. DECISION This is in response to an appeal, submitted by Mrs. Effie W. Jones, to our Claims Group's decision of November 7, 1985, denying her, as widow of John E. Jones, USN (Retired) (Deceased), the balance of his unpaid military retired pay of $61.77. The Claims Group did not authorize payment to Mrs. Jones because another woman, Ms. Rada Rae Jones, also claimed entitlement as Mr. Jones' widow. The Claims Group denied payment to both women, on the basis that neither clearly established entitlement based on a marriage relation- ship. Our review of the record leads us to believe that John C. Jones was married to Effie but was not legally married to Rada Rae since, upon entering into a marriage agreement with Rada Rae, he had not divorced Effie. As such, Effie Jones is John E. Jones' widow and is entitled to the unpaid retired pay. BACKGROUND Marriage certificates in the record of this case show that John Jones married Effie on July 24, 1965, in Brooklyn, New York. On April 27, 1976, he entered into a marriage agreement with Rada Rae in New York City. There is no evidence in the record indicating that John Jones was ever divorced fro,n his iife, Effie. John Jones Iiel on November 19, 1982. After his death, both Effie and Rada 2 : submnitted claims for amounts due him froin the U.S. Navy. The Navy had doubts about the proper recia- ient of the none/ and it sent both claims to our Claims Group on April 10, 1984. The Cla'n- croup denied the claims of 03'h5cC

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