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B-227582 1 (1989-03-21)

handle is hein.gao/gaobadnkn0001 and id is 1 raw text is: The Comptroller General of the United States Washlngton, D.C. 20548 Decision Matter of: Death Gratuity File: B-227582 Date: March 21, 1989 DIGEST In the absence of evidence that husband of deceased service member acted with felonious intent in connection with the member's death, he is entitled to death gratuity payable under 10 U.S.C. § 1477. DECISION The parents of a deceased Navy member appeal a settlemeni of our Claims Group which denied their claim and which awarded the death gratuity authorized under 10 U.S.C. 5 1477 to the deceased member's husband. The parents allege that the member's husband was responsible for her death. For the following reasons the settlement of the Claims Group is sustained and the deceased member's husband is entitled to the death gratuity and the claim of the parents must be denied. BACKGROUND The deceased member of the Navy died of a gun shot wound on February 19, 1985. Her husband, also a member of the Navy, became a suspect in the investigation of her death. Investigations were conducted in this case by a civilian police department and by the Naval Investigative Service (NIS). Upon completion of the investigations, it was determined that evidence was insufficient to charge her husband with murder or any lesser offenses and that her death was a suicide. The deceased member's parents claim, however, that the investigations were not conducted thoroughly and that their daughter's husband is guilty of premeditated murder of their daughter. The parents claim that they are the eligible beneficiaries of the death gratuity payment in view of their allegations and on the basis that the husband denied his marriage to their daughter when questioned by his commander.

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