A-3754, OCTOBER 30, 1924, 4 COMP. GEN. 415

A-3754: Oct 30, 1924

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MAY BE PAID TO THE WIDOW OF A DECEASED ENLISTED MAN OF THE NAVY WHO HAD DIED FROM DISEASE NOT THE RESULT OF HIS OWN MISCONDUCT WHILE SERVING A GENERAL COURT-MARTIAL SENTENCE OF 12 MONTHS' CONFINEMENT AT THE TERMINATION OF WHICH HE WAS TO HAVE BEEN DISHONORABLY DISCHARGED. NOTWITHSTANDING HE AT THE TIME OF DEATH WAS FORFEITING HIS PAY WITH THE EXCEPTION OF $3 PER MONTH FOR PRISON EXPENSES. 1924: THERE IS FOR CONSIDERATION THE CLAIM OF ANNA THATCHER FOR A SUM EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY HER HUSBAND. WAS TRIED BY GENERAL COURT-MARTIAL AT NEW LONDON. WAS FOUND GUILTY OF "ATTEMPTING A FRAUD IN VIOLATION OF ARTICLE 14 OF THE ARTICLES FOR THE GOVERNMENT OF THE NAVY" AND WAS SENTENCED TO BE REDUCED FROM THE RATING OF COMMISSARY STEWARD.

A-3754, OCTOBER 30, 1924, 4 COMP. GEN. 415

GRATUITIES, SIX MONTHS' DEATH - NAVY ENLISTED MEN THE SIX MONTHS' DEATH GRATUITY AUTHORIZED BY THE ACT OF JUNE 4, 1920, 41 STAT. 824, MAY BE PAID TO THE WIDOW OF A DECEASED ENLISTED MAN OF THE NAVY WHO HAD DIED FROM DISEASE NOT THE RESULT OF HIS OWN MISCONDUCT WHILE SERVING A GENERAL COURT-MARTIAL SENTENCE OF 12 MONTHS' CONFINEMENT AT THE TERMINATION OF WHICH HE WAS TO HAVE BEEN DISHONORABLY DISCHARGED, NOTWITHSTANDING HE AT THE TIME OF DEATH WAS FORFEITING HIS PAY WITH THE EXCEPTION OF $3 PER MONTH FOR PRISON EXPENSES.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 30, 1924:

THERE IS FOR CONSIDERATION THE CLAIM OF ANNA THATCHER FOR A SUM EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY HER HUSBAND, CYRIL JOSEPH THATCHER, APPRENTICE SEAMAN, U.S. NAVY, WHO DIED FEBRUARY 13, 1924, WHILE IN CONFINEMENT AT THE U.S. NAVAL PRISON, PORTSMOUTH, N.H., UNDER SENTENCE OF GENERAL COURT-MARTIAL.

IT APPEARS THAT THATCHER, WHILE SERVING AS COMMISSARY STEWARD UNDER HIS ENLISTMENT IN THE REGULAR NAVY OF AUGUST 24, 1923, FOR FOUR YEARS, WAS TRIED BY GENERAL COURT-MARTIAL AT NEW LONDON, CONN., AND WAS FOUND GUILTY OF "ATTEMPTING A FRAUD IN VIOLATION OF ARTICLE 14 OF THE ARTICLES FOR THE GOVERNMENT OF THE NAVY" AND WAS SENTENCED TO BE REDUCED FROM THE RATING OF COMMISSARY STEWARD, U.S. NAVY, TO THE RATING OF APPRENTICE SEAMAN, TO BE CONFINED FOR A PERIOD OF TWELVE MONTHS, THEN TO BE DISHONORABLY DISCHARGED FROM THE UNITED STATES NAVAL SERVICE, AND TO SUFFER ALL THE OTHER ACCESSORIES OF SAID SENTENCE, AS PRESCRIBED BY SECTION 833, NAVAL COURTS AND BOARDS. THE PROCEEDINGS, FINDINGS, AND SENTENCE IN THIS CASE WERE APPROVED JANUARY 5, 1924, AND THE NAVAL PRISON, PORTSMOUTH, N.H., WAS DESIGNATED AS THE PLACE OF CONFINEMENT. HE DIED FEBRUARY 13, 1924, WHILE IN CONFINEMENT.

THE ACT OF JUNE 4, 1920, 41 STAT., 824, PROVIDES:

THAT HEREAFTER, IMMEDIATELY UPON OFFICIAL NOTIFICATION OF THE DEATH FROM WOUNDS OR DISEASE, NOT THE RESULT OF HIS OR HER OWN MISCONDUCT, OF ANY OFFICER, ENLISTED MAN, OR NURSE ON THE ACTIVE LIST OF THE REGULAR NAVY OR REGULAR MARINE CORPS, OR ON THE RETIRED LIST WHEN ON ACTIVE DUTY, THE PAYMASTER GENERAL OF THE NAVY SHALL CAUSE TO BE PAID TO THE WIDOW, AND IF THERE BE NO WIDOW TO THE CHILD OR CHILDREN, AND IF THERE BE NO WIDOW OR CHILD, TO ANY OTHER DEPENDENT RELATIVE OF SUCH OFFICER, ENLISTED MAN, OR NURSE PREVIOUSLY DESIGNATED BY HIM OR HER, AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY SUCH OFFICER, ENLISTED MAN, OR NURSE AT THE DATE OF HIS OR HER DEATH. * * *

UNDER THE SENTENCE OF THE GENERAL COURT-MARTIAL THATCHER WAS NOT TO BE DISHONORABLY DISCHARGED FROM THE NAVAL SERVICE UNTIL HE HAD COMPLETED THE PERIOD OF CONFINEMENT IMPOSED. AT THE TIME OF HIS DEATH HE WAS BEING CARRIED ON THE ACTIVE LIST OF THE REGULAR NAVY AS AN APPRENTICE SEAMAN AND ENTITLED TO RECEIVE PAY AT THE RATE OF $25.20 PER MONTH.

THE NAVY DEPARTMENT HAS REPORTED THAT THATCHER'S DEATH WAS DUE TO DISEASE NOT THE RESULT OF HIS OWN MISCONDUCT AND THE FACT THAT AT THE TIME OF HIS DEATH HE WAS FORFEITING THE PAY RECEIVED BY HIM, WITH THE EXCEPTION OF $3 PER MONTH FOR PRISON EXPENSES, AS IT ACCRUED, DID NOT DEPRIVE THE WIDOW OF HER RIGHT UNDER THE ACT OF JUNE 4, 1920, TO RECEIVE AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE TO WHICH THE SEAMAN WAS ENTITLED BY REASON OF HIS GRADE AND LENGTH OF SERVICE AT THE TIME OF HIS DEATH. PAYMENT OF THE CLAIM IS ACCORDINGLY AUTHORIZED IN THE AMOUNT OF $151.20.