A-4328, JANUARY 26, 1925, 4 COMP. GEN. 628

A-4328: Jan 26, 1925

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UPON THE SHOWING THAT THE FATHER WAS IN NEEDY CONDITION AT THE TIME OF THE DESIGNATION AND WAS DEPENDENT UPON THE ENLISTED MAN AT THE DATE OF THE LATTER'S DEATH AND HAD RECEIVED REGULAR AND REASONABLE CONTRIBUTIONS FROM HIM PRIOR THERETO. 1925: THERE IS BEFORE THIS OFFICE FOR DECISION THE CLAIM OF JOSEPH DAVID THORNTON. SHOWS THAT HE WAS NOT MARRIED. THAT HE WAS PARTIALLY DEPENDENT UPON THE CONTRIBUTIONS OF HIS SON FOR HIS SUPPORT. THAT FOR THE LAST SEVERAL YEARS HE WAS UNABLE TO DO ANY LABOR ON ACCOUNT OF CHRONIC KIDNEY TROUBLE AND BAD HEALTH. DURING THE SIX MONTHS PRECEDING THE TIME HE WAS TAKEN TO THE HOSPITAL IN HIS LAST ILLNESS HE CONTRIBUTED TO THE AFFIANT'S SUPPORT THE SUM OF $155.

A-4328, JANUARY 26, 1925, 4 COMP. GEN. 628

GRATUITIES, SIX MONTHS' DEATH - DEPENDENT FATHER OF NAVAL ENLISTED MAN WHERE AN ENLISTED MAN OF THE NAVY WITH NO WIFE OR UNMARRIED MINOR CHILD HAD DESIGNATED HIS MOTHER TO RECEIVE THE SIX MONTHS' PAY GRATUITY PROVIDED FOR IN THE ACT OF JUNE 4, 1920, 41 STAT. 824, IN THE EVENT OF HIS DEATH AND THE MOTHER'S DEATH HAD PRECEDED THE ENLISTED MAN'S DEATH, SUCH GRATUITY MAY BE PAID TO THE FATHER OF THE ENLISTED MAN, WHO HAD BEEN DESIGNATED AS ALTERNATE BENEFICIARY, UPON THE SHOWING THAT THE FATHER WAS IN NEEDY CONDITION AT THE TIME OF THE DESIGNATION AND WAS DEPENDENT UPON THE ENLISTED MAN AT THE DATE OF THE LATTER'S DEATH AND HAD RECEIVED REGULAR AND REASONABLE CONTRIBUTIONS FROM HIM PRIOR THERETO.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 26, 1925:

THERE IS BEFORE THIS OFFICE FOR DECISION THE CLAIM OF JOSEPH DAVID THORNTON, DATED DECEMBER 3, 1923, UNDER THE ACT OF JUNE 4, 1920, 41 STAT. 824, FOR SIX MONTHS' PAY GRATUITY ON ACCOUNT OF THE DEATH OF HIS SON DAN BRADLEY THORNTON, LATE YEOMAN, THIRD CLASS, UNITED STATES NAVY, WHO DIED AT THE UNITED STATES NAVAL HOSPITAL, NORFOLK, VA., NOVEMBER 14, 1923, OF ENDOCARDITIS ACUTE, IN LINE OF DUTY, AND NOT DUE TO HIS OWN MISCONDUCT.

THE BENEFICIARY SLIP EXECUTED AND SWORN TO BY THE DECEDENT, OCTOBER 3, 1922, SHOWS THAT HE WAS NOT MARRIED, AND HE DESIGNATED AS HIS BENEFICIARY UNDER THE SAID ACT AS DEPENDENT RELATIVE, HIS MOTHER, MINNIE (BYRAN) THORNTON, AND IN THE EVENT OF HER DEATH, HE DESIGNATED AS HIS BENEFICIARY HIS FATHER, JOSEPH DAVID THORNTON.

THE AFFIDAVIT OF TWO DISINTERESTED PERSONS STATES THAT MRS. MINNIE THORNTON DIED AT MACON, GA., ON NOVEMBER 28, 1922.

THE CLAIMANT AVERS IN HIS AFFIDAVIT OF MARCH 3, 1924, THAT HE WAS PARTIALLY DEPENDENT UPON THE CONTRIBUTIONS OF HIS SON FOR HIS SUPPORT; THAT FOR THE LAST SEVERAL YEARS HE WAS UNABLE TO DO ANY LABOR ON ACCOUNT OF CHRONIC KIDNEY TROUBLE AND BAD HEALTH; THAT PRIOR TO THE DEATH OF HIS WIFE, MRS. MINNIE THORNTON, WHO DIED ON NOVEMBER 28, 1922, THEIR SON, DAN BRADLEY THORNTON, MADE CONTRIBUTIONS TO HIS MOTHER; THAT AFTER THE DEATH OF HIS MOTHER HIS SON CONTRIBUTED TO HIS SUPPORT, AND DURING THE SIX MONTHS PRECEDING THE TIME HE WAS TAKEN TO THE HOSPITAL IN HIS LAST ILLNESS HE CONTRIBUTED TO THE AFFIANT'S SUPPORT THE SUM OF $155.

THE CLAIMANT ALSO STATED IN HIS LETTER OF MARCH 1, 1924, TO THIS OFFICE, THAT HE HAS IN HIS POSSESSION A HOUSE VALUED AT $1,000, BUT THE SAME IS MORTGAGED IN THE SUM OF $865; THAT HIS DAUGHTERS ARE MARRIED, AND HIS OTHER SON, WHOM HE HAS NOT SEEN SINCE 1914, LIVES IN LONDON, ENGLAND; THAT HE RELIED UPON HIS SON DAN MORE THAN UPON ANY OF HIS CHILDREN FOR SUPPORT, BECAUSE THE FORMER HAD NO OTHER DEPENDENTS. IN HIS APPLICATION DATED DECEMBER 3, 1923, HE STATES HIS AGE AS 63 YEARS.

IT HAS BEEN HELD THAT THE DEPENDENCY OF A WIDOW OR UNMARRIED MINOR CHILD (OR CHILDREN) MAY BE PRESUMED; BUT IN CASES INVOLVING SOME "OTHER DEPENDENT RELATIVE" PREVIOUSLY DESIGNATED NO SUCH PRESUMPTION EXISTS, AND THE CONDITION OF DEPENDENCY IN THE CASE OF NEAR RELATIVES, SUCH AS MOTHER, FATHER, BROTHER, OR SISTER, MUST BE ESTABLISHED BY A REASONABLE SHOWING OF EXISTING OR POSSIBLE FUTURE NEED AT TIME OF DESIGNATION, AND IN THE EVENT OF DEATH IN THE SERVICE BY A SHOWING OF VERIFIED FACTS, INCLUDING THAT OF PERIODICAL ASSISTANCE FROM THE DECEASED, IN KEEPING WITH HIS INCOME FROM ALL SOURCES. 40 MS. COMP. GEN. 960, DECEMBER 22, 1924.

AS IT IS SHOWN THAT PRIOR TO THE DEATH OF THE SON HE CONTRIBUTED TO THE SUPPORT OF HIS MOTHER, AND SUBSEQUENT TO THE DEATH OF HIS MOTHER HE CONTRIBUTED REGULARLY TO THE SUPPORT OF THE CLAIMANT, AND THERE IS A REASONABLE SHOWING OF EXISTING DEPENDENCY AT TIME OF DESIGNATION AND AT THE TIME OF DEATH, IT IS CONCLUDED THAT THE CLAIMANT IS ENTITLED TO THE SIX MONTHS' GRATUITY PROVIDED IN THE ACT OF JUNE 4, 1920, WHICH IN THIS CASE, AT $60 A MONTH, IS $360.