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B-261579 1 (1995-11-01)

handle is hein.gao/gaocrptaccl0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Captain John R. Kindred, USAF (Deceased) File: B-261579 Date: November 1, 1995 DIGEST Widow of Air Force Officer who died in the line of duty 13 days prior to the effective date of an agreement to serve seven more years on active duty in return for aviation retention bonus may be paid first year's installment of the bonus following the enactment by Congress of legislation that survivors of persons who died in the line of duty less than 14 days prior to the effective date of such an agreement shall be paid the appropriate amount of the bonus. DECISION The Defense Finance and Accounting Service, Denver Center (DFAS) has requested our decision regarding the claim of Mrs. Lori Kindred for the aviation retention bonus of her husband, Captain John R. Kindred, USAF (Deceased). Captain Kindred signed an agreement with the Air Force on February 14, 1994, which provided that he agreed to serve on active duty from May 19, 1994, through June 1, 2001, in return for $84,433.33 of Aviator Continuation Pay under 37 U.S.C. section 301b. Captain Kindred was to receive an initial payment of $42,216.67 on the effective date of the agreement (May 19, 1994), with the remainder paid in anniversary installments during the life of the contract. Captain Kindred died in an F-15C airplane crash in the line of duty on May 6, 1994, 13 days prior to the effective date of the agreement. Section 8141 of the Department of Defense Appropriations Act of 1995, Pub. L. No. 103-335, September 30, 1994, provides: Notwithstanding any other provision of law, within the funds made available by this Act, the Department of Defense shall pay the appropriate amount of Aviation Continuation Pay authorized by 37 U.S.C. 301(b) to the survivors of persons who have signed reenlistment contracts on or after January 1, 1994, but whose service 12481030

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