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B-187165 1 (1976-09-16)

handle is hein.gao/gaobaduug0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 504 0-ECISl1 >.: OF THE UNITED STATES CR ~ WASHINGTON, [3r_ 20546 t.,. UNra SEP16 . FILE: B-187165 1DATE: SEP 1 61976 MATTER OF: Staff Se'geant ,-UBAF (Ratired) DIGEST: 1. Laws of State in Which gahnisbment is Rought govern garnshment proceedings - eaiipagt agencies of the United Staes, SWhether such gaxni mt. Proceeding may be aonxidered as-69tablisMhzzg thet validity of a debt of the l nited States is not decided in this case since the fagts reported support a date 01ation of the Validity of the -debt. 2. Although claimant must vhow exdstenee of missing member as a couditios prece- dent to disbrsement of that member's retiwemenat pay, in deciding such cases the GAO will give great weight to couxt determination based on reasonable evidence aud the legal presumption of xissin8 mnemberys contined life when question of his life or death was in issue before the cooArt, This action is in response to a letter dated liay 20, 1976, fro* the Deputy Chied, Accounting and Winance Divi aion, Air Force Accountiug and Finance Center (AVAFC), 3800 York Street, Denver, Colorado 80205, requesting an advance dec1.sln enterning the propriety of making payment on a voucher in the amount of $8,440 uador a writ of garrashm-t of retired pay owed to Staff Sergeaut , USAY (Retirod), Th request was approved by the Department of Defense Military Pay and Allovanea.Committee and forwarded-to us August 6, 1976, under Subission No.* DO-AF-1259. Sergeant was plaea on the retired list under the provisimo of 10 U.S.C. 89147(1970) on July 31, 1969. He was paid retired pay until June 1, 1972, when the AFAFC suspended the retired pay on the basis of a letter received on May 15, 1972, from Mrs. notifying AVAFC that Sergeant had been missing, ince February 1972. It is indicated that for the . ,..__.

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