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B-193888 1 (1979-03-23)

handle is hein.gao/gaobabjmz0001 and id is 1 raw text is: * COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C 2048 MAR 2 3 1979 The Honorable Tomas A. Luken Member, United States House of Representatives 3409 Federal Building Cincinnati, Ohio 45202 Dear Mr. Lukent ~4L~~f +~ Further reference is made to your letter dated December 12, 1978, with enclosures, concerning the entitlement of your constituent, . 1,Mr,,Edward Gregory Thomas, to receive the 6-month death gratuity due n the case of his brother, the late PFC Robert W. Thomas, USMIO who 1ied on July 21, 1968. The record in the case shows that the deceased member properly designated his brother, Edward, to receive the 6-month deaLzjF uity. At the time of the member's death in 1968, Edward was but 14 years of age. A claim was presented to the Marine Corps on his behalf by his mother as natural guardian. In correspondence dated April 21, 1969, she was advised by the Casualty Section of the Marine Corps that the amount of money involved was $1,118.40 and that our Office had pre- viously ruled, in general, that in order for an adult to receive sums due a minor as a death gratuity which are in excess of $1,000, the adult would be required to be appointed legal guardian by a court of competent jurisdiction, even though the adult otherwise qualified as natu / argjjqdian. Since Mrs. Thomas had not been so appointed, uCor did not authorize payment to her at that time. A 7;el 1969 letter, Mrs. Thomas was advised that in lieu of her appointment as legal guardian there was an alternative course of action which could be pursued. It was suggested that since Edward would attain legal majority on September 24, 1975, his filing of a claim in his own right could be deferred until that time. She was advised that the pertinent statute limiting the filing of a claim would not bar the claim, so long as it was received here in the General Accounting Office not later than July 20, 1978. On review, we find that the statements made by the Marine Corps at that time were correct and properly reflected the law as well as the decisions of this Office as they relate to disbursement of funds to minors. Unfortunately, the Marine Corps could not forsee in 1969 that the timeL.imitation referred to by them and contained in 31 U.S.C. 71a, would be amended by section 801 of Public Law 93-604, 1+ Pd I r/ 60 - 9 1-': -Z r-

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