B-166927, AUG. 14, 1969

B-166927, AUG. 14, 1969

MILITARY - SIX MONTHS' DEATH GRATUITY DECISION TO CLAIMANT REAFFIRMING DECISION OF JULY 25, 1969, FOR 6 MONTHS' DEATH GRATUITY ADVISING THAT CLAIM OF MINOR SON WOULD NOT BE BARRED FROM CONSIDERATION UNDER 31 U.S.C. 71A. CLAIMANT'S SON IS ENTITLED TO GRATUITY UPON ATTAINING HIS MAJORITY AND AMOUNT DUE HIM WILL BE ALLOWED PROVIDING CLAIM OF MOTHER AS LEGAL GUARDIAN IS NOT PERFECTED.

TO MRS. BARBARA ANN LONG:

REFERENCE IS MADE TO LETTER OF AUGUST 4, 1969, FROM YOUR ATTORNEY, ROBERT A. FUGAZI, RELATIVE TO YOUR CLAIM AS NATURAL GUARDIAN OF YOUR MINOR SON, TIMOTHY R. YORK, FOR 6 MONTHS' DEATH GRATUITY OF $3,000, DUE IN THE CASE OF YOUR FORMER HUSBAND, COMMANDER THOMAS H. YORK, U.S. NAVY, WHO DIED ON SEPTEMBER 22, 1959, WHILE ON ACTIVE DUTY.

YOU WERE ADVISED IN DECISION OF JULY 25, 1969, B-166927, THAT A CLAIM FOR THE GRATUITY BY YOUR SON AFTER HE BECOMES OF LEGAL AGE WOULD NOT BE BARRED FROM CONSIDERATION BY THE BARRING ACT OF OCTOBER 9, 1940, 31 U.S.C. 71A. IN HIS PRESENT LETTER MR. FUGASI SAYS THAT IF WE WILL ADVISE YOU THAT YOUR SON CAN FILE HIS CLAIM FOR THE GRATUITY AFTER HE BECOMES 21 YEARS OF AGE AND THAT THE GRATUITY WILL BE PAID TO HIM, HE WILL RECOMMEND THAT YOU LET YOUR SON FILE CLAIM WHEN HE BECOMES 21.

IN LINE WITH THE ADVICE CONTAINED IN THE DECISION OF JULY 25, 1969, ON THE PRESENT RECORD YOUR SON IS LEGALLY ENTITLED TO THE GRATUITY PAYMENT AND IF HE FILES A CLAIM THEREFOR UPON ATTAINING HIS MAJORITY THE AMOUNT DUE WILL BE ALLOWED TO HIM, ASSUMING, OF COURSE, THAT YOU DO NOT PERFECT A CLAIM AS LEGAL GUARDIAN.