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B-181524 1 (1975-09-12)

handle is hein.gao/gaobadusn0001 and id is 1 raw text is: DIGEIr -2--2-kQ DECISION FILE: X-181524 THE COMPTROLLER GENERAL .OF THE UNITED STATES WASHINGTON, D. C. 20548 DATE: SEP 121975 MATTER OF: RatitleeWnt to death gratuity - DIGEST: The stepchild of deceased member who resided with her iother, the deceased member's wife, in the resi- dence provided by the deceased at which he resided for only a short period while on leave from over- as is not entitled to the six-month death gratuity she claims because her mother vas found guilty of the member' a murder, since, in addition. to the limited sharing of a home, the report of the appeal of the murder conviction shows that such stepchild attempted to disrupt the family unit. In the circum- stances the stepchild does not qualify as a member gf the decedent's household as that phrase is used in 10 U.S.C. 1477(b)(3). This action is in response to a letter dated April 23, 1975, froms Haygood @ulloy# fsq., attorney for Mrs. . requesting reconsideration of the settlement of our Transportation and Claims Division dated A4ril 17, 1975, which disallowed her claim for the death gratuity due upou the death of her stepfather, the late Technical Sergeant , USAFt ,. Section 1477eof title 10, United States Code, provides in pertinent parts (a) A death gratuity payable upon the death of a person covered by section 1475 * * * shall be paid to or for the living survivor highest on the following lists (1) His surviving spouse. (2) His Children, as prescribed by sub- section (b), in equal shares. (b) Subsection (4)(2) applies, without regard to age or marital status, to,- (3) stepchildren who were a part of the decedent's household at the time of his death; aJb 239

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