A-27071, JULY 25, 1929, 9 COMP. GEN. 26

A-27071: Jul 25, 1929

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GRATUITIES - SIX MONTHS' DEATH - FRAUDULENT ENLISTMENT A FRAUDULENT ENLISTMENT IS VOIDABLE AT THE OPTION OF THE GOVERNMENT. WHERE THE FRAUDULENT CHARACTER OF AN ENLISTMENT DID NOT BECOME KNOWN AND THE DECEASED WAS ACTUALLY CARRIED ON THE ROLLS AS AN ENLISTED MAN OF THE ARMY AT DATE OF DEATH. HE WAS AN ENLISTED MAN "ON THE ACTIVE LIST OF THE REGULAR ARMY. HIS WIDOW IS ENTITLED TO THE BENEFITS THEREUNDER. FOR DECISION WHETHER HE WAS AUTHORIZED TO PAY A VOUCHER IN FAVOR OF CORA LEE SINCOCK FOR $126 REPRESENTING AN AMOUNT EQUAL TO THE PAY OF FRANK WATSON. THE CLAIMANT STATES THAT SHE IS THE WIDOW OF DAVID W. IS AS FOLLOWS: 1. IS IDENTICAL WITH DAVID W. WAS DISHONORABLY DISCHARGED SEPT. 7. THE CORRECT SERIAL NUMBER FOR FRANK WATSON IS 6.

A-27071, JULY 25, 1929, 9 COMP. GEN. 26

GRATUITIES - SIX MONTHS' DEATH - FRAUDULENT ENLISTMENT A FRAUDULENT ENLISTMENT IS VOIDABLE AT THE OPTION OF THE GOVERNMENT. WHERE THE FRAUDULENT CHARACTER OF AN ENLISTMENT DID NOT BECOME KNOWN AND THE DECEASED WAS ACTUALLY CARRIED ON THE ROLLS AS AN ENLISTED MAN OF THE ARMY AT DATE OF DEATH, HE WAS AN ENLISTED MAN "ON THE ACTIVE LIST OF THE REGULAR ARMY," WITHIN THE MEANING OF THE ACT OF DECEMBER 17, 1919, 41 STAT. 367, AND HIS WIDOW IS ENTITLED TO THE BENEFITS THEREUNDER.

ASSISTANT COMPTROLLER GENERAL GINN TO MAJ. J. B. HARPER, UNITED STATES ARMY, JULY 25, 1929:

THERE HAS BEEN TRANSMITTED YOUR LETTER OF JUNE 27, 1929, FORWARDING A SIXTH INDORSEMENT OF THE ADJUTANT GENERAL OF THE ARMY, FOR CONSIDERATION IN CONNECTION WITH A REQUEST OF MAJ. E. T. COMEGYS, F.D., UNITED STATES ARMY, FOR DECISION WHETHER HE WAS AUTHORIZED TO PAY A VOUCHER IN FAVOR OF CORA LEE SINCOCK FOR $126 REPRESENTING AN AMOUNT EQUAL TO THE PAY OF FRANK WATSON, PRIVATE, COMPANY L, THIRTY THIRD INFANTRY, FOR SIX MONTHS, AT THE RATE RECEIVED BY HIM AT DATE OF DEATH, MARCH 7, 1929. THE CLAIMANT STATES THAT SHE IS THE WIDOW OF DAVID W. SINCOCK, WHO ENLISTED UNDER THE NAME OF FRANK WATSON.

THE SIXTH INDORSEMENT OF THE ADJUTANT GENERAL OF THE ARMY, DATED APRIL 22, 1929, IS AS FOLLOWS:

1. PERSONAL IDENTIFICATION RECORDS ON FILE IN THIS OFFICE INDICATE THAT FRANK WATSON, NO. 6,809,835, WHO ENLISTED FEBRUARY 12, 1929, AT RICHMOND, VA., CLAIMING NO PRIOR SERVICE, IS IDENTICAL WITH DAVID W. SINCOCK, NO. 6,522,073, WHO ORIGINALLY ENLISTED JUNE 16, 1922, AT VANCOUVER BARRACKS, WASHINGTON, AND WAS DISHONORABLY DISCHARGED SEPT. 7, 1925, AT FORT SILL, OKLAHOMA, PURSUANT TO GCMO NO. 118, HDQ., 8TH CA, DATED APRIL 10, 1925, FOR DESERTION, PRIVATE, CO. L, 31ST INFANTRY.

2. THE CORRECT SERIAL NUMBER FOR FRANK WATSON IS 6,522,073, AND ALL HIS RECORDS ON FILE IN THIS OFFICE PERTAINING TO HIM HAVE BEEN CORRECTED TO SHOW THAT SERIAL NUMBER 6,809,835 WILL NOT BE HELD AVAILABLE FOR REASSIGNMENT.

THE ENLISTMENT OF DAVID W. SINCOCK UNDER THE NAME OF FRANK WATSON WAS APPARENTLY FRAUDULENT, BEING IN VIOLATION OF THE FIFTY-FOURTH ARTICLE OF WAR. A FRAUDULENT CONTRACT OF ENLISTMENT IS VOIDABLE AT THE OPTION OF THE GOVERNMENT, 12 COMP. DEC. 446, AND IN THIS CASE WAS NOT AVOIDED BY THE GOVERNMENT PRIOR TO THE DEATH OF THE MAN.

SINCE DEATH WAS IN LINE OF DUTY AND NOT THE RESULT OF HIS OWN MISCONDUCT, AND HE WAS CARRIED ON THE ROLLS AS AN ENLISTED MAN OF THE ARMY, IT IS CONCLUDED THAT HE WAS AN ENLISTED MAN "ON THE ACTIVE LIST OF THE REGULAR ARMY," WITHIN THE MEANING OF THE ACT OF DECEMBER 17, 1919, 41 STAT. 367. SEE 15 COMP. DEC. 614.

IN THE CASE OF A WIDOW, PREVIOUS DESIGNATION OR PROOF OF ACTUAL DEPENDENCY IS NOT REQUIRED UNDER THE TERMS OF THE STATUTE. THE EVIDENCE SUBMITTED IS ACCEPTABLE TO ESTABLISH THE MARRIAGE OF CORA LEE BUTLER TO DAVID W. SINCOCK AND THE IDENTITY OF FRANK WATSON WITH DAVID W. SINCOCK. YOU ARE ACCORDINGLY AUTHORIZED TO PAY THE VOUCHER.