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B-193946 1 (1979-08-24)

handle is hein.gao/gaobadhny0001 and id is 1 raw text is: 


          THE  COMPTROLLER GENERAL
.    .OF THE UNITED STATES
          WASHINGTON. '.C. 20548


FILE:  B-193946


DATE:   August 24, 1979


MT;7 OF: Larry Lane,~~


DIG  ST:


Claim by deceased Federal employee's alleged son
for unpaid compensation due father may not be
allowed as the evidence presented is not suffi-
cient to show that the claimant is the son of the
deceased employee. Therefore, it is unnecessary
to consider the legal issues as to claimant's
entitlement under 5 U.S.C. § 5582 that would be


            presented if there was sufficient proof of
            paternity.

     The Accounting and Finance Officer, Defense Logistics Agene ,
Defense Depot Memphis, requests an advance decision as to whether a
part of the unpaid pay and allowances of a deceased employee who had
not designated a beneficiary and did not leave a surviving spouse
may be paid to an alleged son in the circumstances described. The
answer is no.

     Hugh E. Horton, Jr., while an employee of Defense Depot Memphis,
died December 31, 1977. He had not designated a beneficiary and did
not leave a surviving spouse. Claims were submitted for unpaid com-
pensation due Mr. Horton by Alder M. Williams on behalf of two minor
children of Mr. Horton, Sherri E. Horton and Terri E. Horton.
Another claim was filed by Larry Lane claiming to be the son of
Mr. Horton.  Each of these claims listed as children of Mr. horton
the following:  Sherri Estes Horton, Terri Estes Horton, Larry Lane
and Reginal Stevenson. One half of the unpaid compensation was paid
to Mrs. Williams on behalf of Sherri and Terri Horton. No claim has
been received from Reginal Stevenson whose address and location is
apparently unknown. Mr. Lane's claim as the son of Hugh E. Horton
is supported by a settlement sheet of Globe Life Center reflecting
Larry Lane as life insurance beneficiary of Hugh E. Horton, Jr.,
,but not naming him as Mr. Horton's son. Mr. Lane has also provided
a copy of an  Army order authorizing emergency leave to him due to
death of his father. There is also some indication that Mr. Lane
lived in Mr. Horton's home as a child. Mr. Lane's birth certificate
does not list Mr. Horton as his father. Mr. Lane states that neither
his mother nor Mr. Horton ever had his name changed.


)


DECISION

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