Entitlement to Deceased Military Member's Unpaid Retired Pay

GAO was requested to review the Claims Division decision which disallowed the claimant's entitlement to receive a share of the unpaid retired pay due in the case of a deceased Air Force Staff Sergeant. It was pointed out that the deceased did not have any lineal descendants by blood or marriage at the time of his death. However, he did have a half sister and two half brothers. The record indicated that one half brother predeceased the member, and left surviving him three children. The claimant, one of the children, contended that the unpaid retired pay should be distributed in three shares; one share each to the surviving half brother and half sister, and the remaining share divided into three parts for the children of the deceased half brother. Based on the Maryland law governing decedent's estates, the claimant is not qualified as a proper recipient. Accordingly, the action of the Claims Division disallowing the claim was sustained.