Entitlement to Air Force Member's Pay and Allowances

An appeal was made of a Claims Division's denial of a claim against the estate of an Air Force member who was first listed as missing in action and subsequently listed as killed in action. The member had designated his father, who was not a dependent, to receive an allotment of all his pay and allowances in case he became missing. After he became missing the Air Force determined it was in the interest of the member to put his pay and allowances into the Uniformed Services Savings Deposit Program and changed the allotment paid to the father. The issue was whether the father was entitled to receive his son's pay and allowances which were invested in the program. Several attempts were made by the parents to establish themselves as dependent on their son, however, the Air Force determined that they did not satisfy the requirements. The claimant protested the Air Force actions on the grounds that the member intended for him to receive all of his pay and allowances and that the inflation rate was rising to the point where the program would not be as good an investment as some others. When the member's status was changed from missing in action to killed in action, the Air Force proposed to pay the member's sisters the death gratuity and any unpaid pay and allowances, including the money in the Uniformed Services Savings Deposit Program. GAO Claims Division disallowed the father's claim for the pay and allowances and authorized payment to his sisters, the designated beneficiaries of his gratuity pay and any arrears of pay and allowances due him upon his death. GAO disallowed the claimant's contention that his son intended that he receive all the pay and allowances accrued during the period of his missing status. The claim was denied.