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B-185037 1 (1975-11-28)

handle is hein.gao/gaobadcrn0001 and id is 1 raw text is: IECISION FILE: B-1850 THE COMPTROL.LER GENERAL - / / OF THE UNITED STATES WASHINGTON, D.C. 20548 Nov 2 8 1975 q DATE: 37 MATTER OF: Petty Officer William E. Hamilton, USCG, Deceased DIGEST: 1. Where claimant obtained Mexican divorce from prior spouse, subsequently married member in California and claims death gratuity as his surviving spouse, the legality of marital status of deceased and claimant is too doubtful for payment of death gratuity in the absence of declara- tory decree from a court of competent jurisdiction in the United States recognizing validity of Mexican divorce so that any impediment to the validity of claimant's marriage to the member arising out of the divorce proceedings may be removed. 2. Where claimant obtained Mexican divorce from prior spouse and subsequently married deceased member, the fact that the Coast Guard paid her the member's unpaid pay and allowances as a designated beneficiary under clause (1) of 10 U. S. C. 2771(a), does not estop the Government from challenging the validity of the marriage since such pay- ment was neither determinative of the ques- tion of her marital status nor was such question even in issue. 3. Denial of claim for six months' death gratuity under 10 U. S. C. 1477 does not constitute a taking of the member's property without due process since the amount in question is not the property of the deceased member but rather a gratuity payable out of Federal funds specifically authorized by law. This action is in response to a letter dated September 9, 1975, with enclosures, from C. Philip Nichols, Jr., Esq., on behalf of Peggy Lee Hamilton, concerning her entitlement to receive payment of the six months' death gratuity in the case of the late Petty Officer William E. Hamilton, USCG, 396 364, who died on July 23, 1974. PUBLISHED DECISION 55 Comp. Gen. . .*

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