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B-189296 1 (1977-11-16)

handle is hein.gao/gaobadffz0001 and id is 1 raw text is: 

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THU  COMPTROLLER UNERAL
OP   TNE   LINITEa STATUE
WABHINSTONI 0. C. 20540


DATE:


MATTER   OF:Mn.  Vrajaceg JaCkemg


DIGEST:


Claimant who csawd:  she is wdow of
deceased member. whom  she married
Ia 1133s and seeks rermption of syment
of a annuity under the UnitormedSeir -
vices Cmtnency  Option Act of 1853 which
was discontUmed by the Army In 1353 based
on doubt as to her latm as the lawful wvedr
because of the member's prior marriage in
1030, as well as iabeqUst marriages In
1M41 and 1950 with a- eveance of divorce.
may not have paymsAt of the Sani*ty rmsed
in the absen of a decre by a court of com-
re    jusditan  declaring her to kr the
   tat WIAiOW.


    This action is In response to correspoadance tram Legal Counsel
For The  Welkly on behalf of Mrs. Frances Jackson, roaufhting
recmsidertion  of .ettlemat dated March 10s 19741, by  e Claims
iXvaon  of this CMlcee wh). disalowed Mrs. Jackson's claim for
renewal of disecaimaed saalty payments to her, as the widow of the
late Sergeant Clarence T. Jackson. RA A 403 335. USA, Retired.
    Mrs. Jackson's claim was org'udly transmited to our Claims
Division as a doubtful claim by leser dated October 22, 1978, from
the United 3tatej Army Finance Support Agency. Zdiaasplls.
Indaans. The report and encloewnes submitted at that time. 1di-
cited that Sergeant ChLrance T. Jackson retired on November 30,
1tS  with over 20 yeara' service, and Subsequently elected
(apparently La A.ril 164) to povidme an amity Aor hi. spoun at the
tise of his death wader the Uniformal Services Cnlagency Option
Act of 1938 (COA). ch. 3893, 67 Stat. 501 (subsequirtly codified in
10 U. S. C, 1431 (Spp. IV, 192 ed. )) in effect at f1at tie, now the
Retired Serviceman's Family ProtectIon Plan (1111. S. C. 14314
et a.  (1870)), The Army report stated that the ramber'u ariginal
     elea con form (DA Form 1041) was lost and the copy which was
sumitted  mibWs the name of LllIan Jackson typed In as the mem-
bar's spot.e, but with Lilian struck through ocd Frances
handwrittt' therein. In passing. At Is noted that the COA election
form of record was not signed by the member cr dated. In any
event, It was reported that after the msomber dI-rd (March 28, 198),


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