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B-227582.3 1 (1992-02-21)

handle is hein.gao/gaobadoac0001 and id is 1 raw text is: 2YbLi ComptroUer General of the United States Wahngon, D,C, 20548 ( 3~fC Decision Matter of: Six-month Death Gratuity File: B-227582.3 Date: February 21, 1992 DIGEST Where through administrative mistakeof fact or law a death graeuity payment is made to a persdn'iclearly not entitled to it and it is equally clear that anoti-fer'person is entitled thereto, the administrative office should make payment to thel!proper payee, whether or not the erroneous payment is recovered. Thus when death gratuity payment was made to the spouse of a member who later was implicated in the member's death, second payment may be made to her parent. DECISION This&action is in response toa'request for reconsideration of'our decision Matterk6f DeathGratuit, 68Comp. Gen. 340 (1989). A claim for death gratuity was madeby a member's parents who aLlleged that their'daughter was'killd: y her husband. They presented a number of argument's regarding their asserticin. Although there was some indication that the husband may have been involved in the deafh of the member, the investigating officials were unable to conclude that he killed her and no charges were filed against him. Since there was no official statement of his involvement, our Claims Group authorized payment of the death gratuity to the husband pursuant to 10 U.S.C. § 1475 and 1477. We upheld the claims'decision stating that in the absence of evidence that the husband of the deceased service member acted with felonious intent in connection with the member's death, he was entitled to receive the death gratuity payment. The request for reconsideration is based on new information presented by a recent Naval investigation conducted following the death of the husband. For the reasons set forth below, it is our view that a payment of the death gratuity should be made to the mother of the member.

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