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B-244830 1 (1992-02-14)

handle is hein.gao/gaobadnzz0001 and id is 1 raw text is: Comptroller Genenl of the United States Washington, D.C. 20548 Decision Matter of: Major , USAF (Deceased) File: B-244830 Date: February 14, 1992 DIGEST A member filed for and was awarded a divorce from his second wife by a state court. His military records were changed to reflect his single status. At his death, both of his former wives filed claims as the mothers of the member's children, for the death gratuity and pay and allowances due. Their claims were paid, each former wife receiving half of the amount due on behalf of her child. The second wife then had her divorce from the member reversed on appeal. She claims the full amount of the death gratuity and allowances, based on the fact that she is now the member's widow. Payment to her would require that a second payment of the death gratuity and allowances be made. it has been well established that where confusion as to the member's marital status was largely due to his own representations, the government can receive a good acquittance of its obligation even though the payment of the death gratuity and other amounts may not have been made to the lawful wife. Where the member and the former spouse were divorced at the time of the member's death have represented themselves as such, the government has a good acquittance and a second payment should not be made. DECISION This is in response to Mrs. 's appeal of our Claims Group settlement denying her claim as widow of Major (USAF) (Deceased) for a death gratuity and arrears of certain allowances. For the following reasons her claim must be denied. Major was granted a divorce on March 14, 1989 from his wife shortly before his death on March 20, 1989. His death occurred following a long illness. On March I', 1989 he executed a Record of Emergency Data which indicated that he was divorced. Following his death, Mrs. and Mrs. , a former spouse by an earlier marriage, claimed the 6-month death gratuity and

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