B-113925, MAY 28, 1962

B-113925, MAY 28, 1962

TO MISS DOMINGA FALLORAN:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3, 1961, TO THE COMMANDING OFFICER, ARMY RECORDS CENTER, 9700 PAGE BOULEVARD, ST. LOUIS 32, MISSOURI, REFERRED HERE BY THE DEPARTMENT OF THE ARMY, CONCERNING YOUR CLAIM FOR SIX MONTHS' DEATH GRATUITY AS SURVIVING DAUGHTER OF MAXIMINIANO FALLORAN, WHO DIED JANUARY 8, 1949, WHILE SERVING AS A PRIVATE IN THE PHILIPPINE SCOUTS. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR A REVIEW OF SETTLEMENT DATED MAY 8, 1953, WHICH DISALLOWED YOUR EARLIER CLAIM FOR THE SAME GRATUITY.

YOU WERE ADVISED BY THE ABOVE SETTLEMENT THAT THE EVIDENCE OF RECORD, WHICH IS CONFLICTING, DOES NOT ESTABLISH YOU AS THE NATURAL DAUGHTER OF THE DECEDENT. YOU WERE FURTHER ADVISED THAT SINCE IT APPEARED THAT YOU WERE THEN OVER 21 YEARS OF AGE YOU WERE BARRED FROM RECEIVING THE GRATUITY UNLESS YOU WERE "ACTUALLY A DEPENDENT" OF THE DECEDENT, IN WHICH EVENT IT WOULD BE NECESSARY FOR YOU TO SUBMIT (1) A JUDICIAL DETERMINATION BY A COURT OF COMPETENT JURISDICTION THAT YOU ARE IN FACT A NATURAL DAUGHTER OF THE DECEDENT AND (2) A DETERMINATION BY THE DEPARTMENT OF THE ARMY AS TO YOUR DEPENDENCY, BEFORE YOUR CLAIM COULD BE ALLOWED.

PAYMENT OF THE SIX MONTHS' DEATH GRATUITY AT THE TIME OF PRIVATE FALLORAN'S DEATH WAS GOVERNED BY THE PROVISIONS OF LAW CONTAINED IN THE ACT OF DECEMBER 17, 1919, 41 STAT. 367, AS AMENDED, 10 U.S.C. 903 (1946 EDITION). THAT ACT, AS AMENDED, AUTHORIZED UPON RECEIPT OF OFFICIAL NOTIFICATION OF THE DEATH OF AN OFFICER OR ENLISTED MAN OF THE ARMY, THE PAYMENT TO THE WIDOW, AND IF THERE BE NO WIDOW TO THE CHILD OR CHILDREN, OF AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY SUCH OFFICER OR ENLISTED MAN AT THE DATE OF HIS DEATH. THE ACT FURTHER PROVIDED THAT NO PAYMENT OF THE SIX MONTHS' PAY WAS AUTHORIZED TO ANY CHILD OVER TWENTY- ONE YEARS OF AGE OF A DECEASED OFFICER OR ENLISTED MAN WHO WAS NOT "ACTUALLY A DEPENDENT" OF SUCH DECEASED OFFICER OR ENLISTED MAN. HENCE, IT MAY READILY BE SEEN, THAT UNDER THE PROVISIONS OF THE ABOVE-CITED ACT, PAYMENT MAY NOT BE MADE IN YOUR CASE UNLESS IT IS CLEARLY SHOWN THAT YOU WERE IN FACT THE NATURAL DEPENDENT DAUGHTER OF THE DECEDENT, WHICH FACT, AS YOU WERE ADVISED IN THE SETTLEMENT OF MAY 8, 1953, IS NOT ESTABLISHED BY THE EVIDENCE OF RECORD.

BY LETTER DATED AUGUST 10, 1953, YOU REQUESTED SUFFICIENT TIME TO PERMIT YOU TO OBTAIN THE AFOREMENTIONED DEPENDENCY DETERMINATION FROM THE DEPARTMENT OF THE ARMY AND JUDICIAL DETERMINATION OF YOUR RELATIONSHIP TO MAXIMINIANO FALLORAN BY A COURT OF COMPETENT JURISDICTION. TO DATE SUCH DETERMINATIONS HAVE NOT BEEN FURNISHED. ACCORDINGLY, UNLESS AND UNTIL THE NECESSARY DOCUMENTS ARE SUBMITTED TO US THERE IS NO FURTHER ACTION WE MAY TAKE WITH RESPECT TO YOUR CLAIM.