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B-228767 1 (1988-09-14)

handle is hein.gao/gaobadnfi0001 and id is 1 raw text is: 



      The Comptroller General
      of the United States
/     Washington, D.C. 20548

      Decision

              Francis E. Deugaw, USA (Retired) (Deceased) -
      Matterof* Claim for Retired Pay

      File:   B-228767

      Date:   September 14, 1988


      DIGEST

      Where a designated beneficiary for purposes of retired pay
      fails to file a claim and cannot be located within 3 years
      after a member's death, the person next in order of
      precedence, here the surviving spouse, is entitled to the
      unpaid retired pay of the member pursuant to i0 U.S.C.
      S 2771(a) (1982) and 4 C.F.R. S 34.3(c) (1988).


      DECISION

      This decision is in response to a request from the United
      States Army Finance and Accounting Center, Indianapolis,
      Indiana (Army), as to whether Mrs. Gisela Twomey, formerly
      Mrs. Gisela Deugaw, is entitled to receive the unpaid
      retired pay of Francis E. Deugaw, USA (Retired) (Deceased).
      For the following reasons, we find that she is so entitled.

      BACKGROUND

      The record before us indicates that on June 7, 1965,
      Mr. Deugaw designated his wife, Mrs. Ruth Deugaw, as his
      beneficiary for unpaid pay. On October 14, 1968, Mr. Deugaw
      was granted a divorce from Ruth Deugaw.l/ On September 25,
      1970, Mr. Deugaw married Gisela Kabey, who then became known
      as Mrs. Gisela Deugaw, before the Registrar of Marriages in
      Nauheim in the Federal Republic of Germany. On February 14,
      1983, Mr. Deugaw died.2/



      l/ Deugaw v. Deugaw, Case No. 172114 (Cir. Ct. Hillsborough
      County, Florida, Oct. 14, 1968).

      2/   Mrs. Gisela Deugaw has since remarried and is now known
      as Mrs. Gisela Twomey.

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