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B-193449-O.M 1 (1979-12-11)

handle is hein.gao/gaobadwbn0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548NOV 3 CLAIMS DIVISION Z-2804368 The Comptroller General We are forwarding the claim for the unpaid pay and allowances due Paul L. Fitzgerald, Jr., deceased. On February 3, 1967, Paul L. Fitzgerald, Jr., completed DA Form 41, designating his mother as beneficiary for gratuity pay if no surviving spouse or child, item 14 on the form. For item 15, bene- ficiary for unpaid pay and allowances, he stated Same. For item 16, person to receive allotment if missing, he stated Same. On April 1, 1967, Osland T. Fitzgerald was born. Paul L. Fitzgerald, Jr., completed the birth certificate and signed as father of the child. On October 19, 1967, Mr. Fitzgerald was declared missing in action. On March 20, 1978, the Department of the Army determined that the member was presumed dead. Two claims were filed for the unpaid pay and allowances due Mr. Fitzgerald, Mrs. Ida M. Fitzgerald, his mother, and Lillie M. Postel, the guardian of Osland T. Fitzgerald. The Comptroller General has held that where a service member designates an individual on DA Form 41 as beneficiary for gratuity pay if no surviving spouse or child, the insertion of Same on the line for designating the beneficiary for unpaid pay and allowances establishes that the service member intended the beneficiary for unpaid pay and allowances to take only if there was no surviving spouse or child. B-172904, July 2, 1972, April 14, 1972. However, we were advised in B-177541-O.M., March 7, 1973, that where the service member had no spouse at the time of his designation, we could not assume that the service member intended that the designation of the individual to receive arrears of pay would be effective only if he was not survived by a spouse or a child. In that case, we were authorized to pay the designated beneficiary. In the present claim, we could conclude that the deceased service member had no child at the time of his designation of beneficiaries, and therefore, payment of the unpaid pay and allowances should be made to his mother, the designated beneficiary. However, since the child's

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