A-7279, MARCH 5, 1925, 4 COMP. GEN. 730

A-7279: Mar 5, 1925

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MAY BE PAID AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE THE DECEASED WAS RECEIVING AT THE DATE OF HIS DEATH. IF THERE BE NO WIDOW AND PAYMENT TO THE SURVIVING CHILDREN OF THE DECEASED IS PROHIBITED BY THE ACT OF MARCH 2. ONLY ON EVIDENCE THAT SUCH CHILD WAS ACTUALLY DEPENDENT UPON DECEASED AT THE TIME OF HIS DEATH. 1925: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE CLAIM OF MRS. THE MEDICAL OFFICER'S REPORT SHOWS DEATH WAS IN LINE OF DUTY AND WAS NOT THE RESULT OF THE DECEDENT'S OWN WILLFUL MISCONDUCT. TO BE PAID TO CERTAIN SPECIFIED BENEFICIARIES OF OFFICERS OR ENLISTED MEN OF THE REGULAR ARMY WHO DIED FROM WOUNDS OR DISEASE NOT THE RESULT OF THEIR OWN MISCONDUCT) TO ANY MARRIED CHILD OR UNMARRIED CHILD OVER TWENTY-ONE YEARS OF AGE OF A DECEASED OFFICER OR ENLISTED MAN WHO IS NOT ACTUALLY A DEPENDENT OF SUCH DECEASED OFFICER OR ENLISTED MAN.

A-7279, MARCH 5, 1925, 4 COMP. GEN. 730

GRATUITIES, SIX MONTHS' DEATH - ARMY ENLISTED MEN THE DEPENDENT MOTHER OF A DECEASED ENLISTED MAN OF THE ARMY, WHERE PREVIOUSLY DESIGNATED BY HIM TO RECEIVE THE GRATUITY PROVIDED FOR IN THE ACT OF DECEMBER 17, 1919, 41 STAT. 367, MAY BE PAID AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE THE DECEASED WAS RECEIVING AT THE DATE OF HIS DEATH, IF THERE BE NO WIDOW AND PAYMENT TO THE SURVIVING CHILDREN OF THE DECEASED IS PROHIBITED BY THE ACT OF MARCH 2, 1923, 42 STAT. 1385. UNDER THE ACT OF MARCH 2, 1923, 42 STAT. 1385, THE AMOUNT EQUAL TO SIX MONTHS' PAY OF AN ENLISTED MAN WHO DIED WHILE IN THE ARMY, NOT THE RESULT OF HIS OWN MISCONDUCT, MAY BE PAID TO A MARRIED CHILD, OR AN UNMARRIED CHILD OVER 21 YEARS OF AGE, OF DECEDENT, ONLY ON EVIDENCE THAT SUCH CHILD WAS ACTUALLY DEPENDENT UPON DECEASED AT THE TIME OF HIS DEATH.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 5, 1925:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE CLAIM OF MRS. VIOLA A. MATHEWS FOR SIX MONTHS' PAY AT THE RATE RECEIVED BY HER SON, THE LATE VICTOR C. MATHEWS, SERGEANT, QUARTERMASTER CORPS, UNITED STATES ARMY, AT THE DATE OF HIS DEATH AT LAKE CHARLES, LA., ON NOVEMBER 15, 1923. THE MEDICAL OFFICER'S REPORT SHOWS DEATH WAS IN LINE OF DUTY AND WAS NOT THE RESULT OF THE DECEDENT'S OWN WILLFUL MISCONDUCT.

THE ACT OF DECEMBER 17, 1919, 41 STAT. 367, PROVIDES:

THAT HEREAFTER, IMMEDIATELY UPON OFFICIAL NOTIFICATION OF THE DEATH FROM WOUNDS OR DISEASE, NOT THE RESULT OF HIS OWN MISCONDUCT, OF ANY OFFICER OR ENLISTED MAN ON THE ACTIVE LIST OF THE REGULAR ARMY OR ON THE RETIRED LIST WHEN ON ACTIVE DUTY, THE QUARTERMASTER GENERAL OF THE ARMY 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 OR ENLISTED MAN PREVIOUSLY DESIGNATED BY HIM, AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY SUCH OFFICER OR ENLISTED MAN AT THE DATE OF HIS DEATH. THE SECRETARY OF WAR SHALL ESTABLISH REGULATIONS REQUIRING EACH OFFICER AND ENLISTED MAN HAVING NO WIFE OR CHILD TO DESIGNATE THE PROPER DEPENDENT RELATIVE TO WHOM THIS AMOUNT SHALL BE PAID IN CASE OF HIS DEATH. * * *

THE ACT OF MARCH 2, 1923, 42 STAT. 1385, PROVIDES:

NONE OF THE FUNDS HEREIN, HERETOFORE, OR HEREAFTER APPROPRIATED SHALL BE USED FOR PAYMENT OF THE SIX MONTHS' PAY (AUTHORIZED BY THE ACT OF DECEMBER 17, 1919, TO BE PAID TO CERTAIN SPECIFIED BENEFICIARIES OF OFFICERS OR ENLISTED MEN OF THE REGULAR ARMY WHO DIED FROM WOUNDS OR DISEASE NOT THE RESULT OF THEIR OWN MISCONDUCT) TO ANY MARRIED CHILD OR UNMARRIED CHILD OVER TWENTY-ONE YEARS OF AGE OF A DECEASED OFFICER OR ENLISTED MAN WHO IS NOT ACTUALLY A DEPENDENT OF SUCH DECEASED OFFICER OR ENLISTED MAN.

THE STATUTE IN PARI MATERIA APPLICABLE TO THE REGULAR NAVY AND REGULAR MARINE CORPS IS THE ACT OF JUNE 4, 1920, 41 STAT. 824, WHICH 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. THE SECRETARY OF THE NAVY SHALL ESTABLISH REGULATIONS REQUIRING EACH OFFICER AND ENLISTED MAN OR NURSE HAVING NO WIFE OR CHILD TO DESIGNATE THE PROPER DEPENDENT RELATIVE TO WHOM THIS AMOUNT SHALL BE PAID IN CASE OF HIS OR HER DEATH. * * *

IN A LETTER TO THE SECRETARY OF THE NAVY DATED DECEMBER 22, 1924, 4 COMP. GEN. 554, CERTAIN GENERAL OBSERVATIONS WERE MADE RELATIVE TO THE FACTS THAT MUST APPEAR TO SUPPORT A CONCLUSION OF DEPENDENCY UNDER THE ABOVE ACTS AS FOLLOWS:

WITH REFERENCE TO THE DEGREE AND PRESUMPTIVENESS OF DEPENDENCY THE LAWS CONTEMPLATE TWO MAJOR CLASSES: FIRST, WIDOW AND UNMARRIED MINOR CHILD (OR CHILDREN), PRESUMED IN LAW TO BE DEPENDENT; AND, SECOND, ANY OTHER DEPENDENT RELATIVES PREVIOUSLY DESIGNATED, AS TO WHICH THERE IS NO LEGAL PRESUMPTION OF DEPENDENCY. THE VERY NATURE OF THE LAW AND THE END SOUGHT TO BE ACCOMPLISHED THEREBY DISCLOSES THE INTENT THAT THE DEGREE OF DEPENDENCY WHILE MATERIAL IN EACH CASE IS NOT NECESSARILY THE CONTROLLING ELEMENT. THE WORDS "DEPENDENT RELATIVES" WERE USED NOT TO RESTRICT PAYMENTS TO A RELATIVE DEPENDENT IN FACT UPON THE DECEASED OR AS TO WHOM THE DECEASED WAS NECESSARILY THE CHIEF SUPPORT, BUT, AMONG OTHER THINGS, TO LIMIT THE CLASS OF RELATIVES ELIGIBLE FOR DESIGNATION AND TO RECEIVE PAYMENTS, AND SUCH CLASS WOULD NATURALLY INCLUDE ONLY THOSE BEARING SUCH INTIMATE RELATIONSHIP TO THE DECEASED AS WOULD INVOLVE AT LEAST A MORAL OBLIGATION TO ASSIST IN THE EVENT OF NEED. THOSE WHO WOULD INVOLVE AT LEAST A MORAL OBLIGATION TO ASSIST IN THE EVENT OF NEED. THOSE WHO WOULD THEREFORE BE CONSIDERED AS BENEFICIARIES ARE A WIDOW OR UNMARRIED MINOR CHILD (OR CHILDREN); DEPENDENT MOTHER, FATHER, BROTHER OR SISTER OF THE WHOLE AND HALF BLOOD, UPON A SHOWING OF NEEDY CONDITION, OR AUNTS, UNCLES, AND OTHER RELATIVE STANDING IN LOCO PARENTIS SHOWN TO BE ACTUALLY DEPENDENT UPON DECEASED.

THAT DEPENDENCY IN SOME DEGREE MUST EXIST IN EACH CASE IS CLEAR AND AS STATED 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 MUST BE ESTABLISHED BY A REASONABLE SHOWING OF EXISTING OR POSSIBLE FUTURE NEED AT TIME OF DESIGNATION TO BE ESTABLISHED IN THE EVENT OF DEATH IN THE SERVICE BY A SHOWING OF VERIFIED FACT, INCLUDING THAT OF PERIODICAL ASSISTANCE FROM THE DECEASED IN KEEPING WITH HIS OR HER INCOME FROM ALL SOURCES. DEPENDENCY SHOULD APPEAR IN EACH CASE OF THOSE REMOTE RELATIVE IN SUCH DEGREE AS WILL PERMIT A REASONABLE CONCLUSION FROM THE FACTS OF RECORD THAT THERE IS OR MAY BE ACTUAL DEPENDENCY OF MORE OR LESS PERMANENCY, BUT NOT NECESSARILY FOR CHIEF OR IMMEDIATE SUPPORT, EXCEPT IN CASES OF AUNTS, UNCLES AND OTHERS IN LOCO PARENTIS. IT IS POSSIBLE THAT MORAL RESPONSIBILITY FOR FUTURE SUPPORT WOULD SUPPORT THE DESIGNATION, BUT THAT MAY BE REBUTTED BY THE CIRCUMSTANCES OF DEPENDENCY EXISTING AT DATE OF DEATH. THE FACT OF CONTRIBUTION IS ALWAYS MATERIAL, AND WOULD BE DESERVING OF SPECIAL CONSIDERATION IN CASES OF REGULAR CONTRIBUTION OF A FAIR PART OF DECEDENT'S INCOME, THE EXTENT THEREOF BEING PROPER FOR CONSIDERATION IN DRAFTING THE REGULATIONS FOR ISSUANCE BY YOU.

WHILE IT IS IMPOSSIBLE TO PRESCRIBE JUST WHAT FACTS MUST APPEAR TO SUPPORT A CONCLUSION OF DEPENDENCY, THE FOREGOING IS STATED AS INDICATIVE OF THE VIEW OF THIS OFFICE FOR USE IN THE EXAMINATION AND SETTLEMENT OF CLAIMS AND ACCOUNTS INVOLVING THE SIX MONTHS' DEATH GRATUITY; AND UNTIL MORE EFFECTIVE REGULATIONS BE PROMULGATED THROUGHOUT THE REMAINDER OF THE FISCAL YEAR, IF NECESSARY, PAYMENTS AND SETTLEMENTS MAY BE MADE ACCORDINGLY.

* * * IN SUCH CONNECTION THERE WOULD SEEM FOR CONSIDERATION THE ADVISABILITY AND PRACTICABILITY OF IDENTICAL REGULATIONS BY THE WAR AND THE NAVY DEPARTMENTS.

IT WOULD SEEM THE BETTER PRACTICE TO SECURE AS COMPLETE A RECORD AS POSSIBLE DURING THE LIFETIME OF THE OFFICER, ENLISTED MAN, OR NURSE, SO THAT THE MATTERS OF RELATIONSHIP AND DEPENDENCY CAN BE MORE READILY DETERMINED FROM THE FACTS APPEARING IN THE APPLICATION OR VOUCHER REQUIRED OF THE BENEFICIARY, THE FORM OF WHICH APPLICATION OR VOUCHER COULD BE IDENTICAL FOR ALL SERVICES. TO AID IN SUCH A PROCEDURE, THE IDEA OF HAVING ALL DESIGNATIONS MADE PERIODICALLY OR PREVIOUS DESIGNATIONS CORROBORATED FROM TIME TO TIME AT ONCE SUGGESTS ITSELF AS DESIRABLE.

UNDER DATE OF JUNE 26, 1924, THE ADJUTANT GENERAL'S OFFICE, WAR DEPARTMENT, REPORTED AS FOLLOWS.

THE RECORDS OF THIS OFFICE SHOW THAT THE LATE SERGEANT VICTOR C. MATHEWS, R-759201, QUARTERMASTER CORPS, DESIGNATED THE FOLLOWING-NAMED PERSONS, IN THE ORDER MENTIONED, AS HIS BENEFICIARIES UNDER THE ACT OF CONGRESS APPROVED DEC. 17, 1919. MRS. LAURA L. MATHEWS, WIFE (DIVORCED), COFFEYVILLE, KANSAS; VERA VIOLA MATHEWS (DAUGHTER), MARRIED, PRESENT NAME NOT KNOWN, COFFEYVILLE, KANSAS; MISS GLADIS I. MATHEWS (DAUGHTER), KANSAS STATE HOSPITAL, OSAWATOMIE, KANSAS; MR. JAMES H. MATHEWS (FATHER), 901 WEST 10TH STREET, COFFEYVILLE, KANSAS; MRS. VIOLA A. MATHEWS (MOTHER), 901 WEST 10TH STREET, COFFEYVILLE, KANSAS.

THE CLAIMANT IS THE PERSON LAST DESIGNATED BY DECEASED TO RECEIVE THE SIX MONTHS' PAY PROVIDED IN THE ACT OF DECEMBER 17, 1919, AND HAS SUBMITTED AFFIDAVITS AND CERTIFICATES OF CREDIBLE PARTIES FROM WHICH THE FOLLOWING FACTS, RELATING TO THE PERSONS MORE PREFERRED THAN SHE IN THE ORDER OF THEIR DESIGNATION, ARE ACCEPTED AS ESTABLISHED.

MRS. LAURA L. MATHEWS WAS DIVORCED FROM DECEASED ABOUT 20 YEARS BEFORE HIS DEATH AND WAS NOT DEPENDENT UPON HIM IN ANY DEGREE AT THE DATE OF HIS DEATH.

(MRS.) VERA VIOLA MATHEWS (PUTNAM) IS THE DAUGHTER OF DECEASED. SHE IS ABOUT 28 YEARS OF AGE, IS MARRIED, AND WAS NOT ACTUALLY A DEPENDENT OF THE DECEASED AT THE DATE OF HIS DEATH.

MISS GLADYS I. MATHEWS IS THE DAUGHTER OF DECEASED AND WAS ABOUT 26 YEARS OF AGE AT THE DATE OF HIS DEATH. SHE HAS BEEN A CHARITY INMATE OF THE OSAWATOMIE STATE HOSPITAL OF THE STATE OF KANSAS SINCE AUGUST 19, 1921, AND IS ENTIRELY INCAPABLE OF MANAGING HER OWN AFFAIRS. SHE WAS NOT ACTUALLY A DEPENDENT OF DECEASED AT THE DATE OF HIS DEATH.

MR. JAMES H. MATHEWS WAS THE FATHER OF DECEASED AND DIED ON OR ABOUT JULY 25, 1923.

INASMUCH AS MRS. LAURA L. MATHEWS, THE FORMER WIFE OF DECEASED, IS NOT HIS WIDOW AND WAS NOT HIS "DEPENDENT RELATIVE" AT DATE OF HIS DEATH, AND HIS CHILDREN, VERA VIOLA AND GLADYS I. MATHEWS, WERE MORE THAN 21 YEARS OF AGE AND WERE NOT ACTUALLY DEPENDENTS OF DECEASED ON THAT DATE, NONE OF SAID PERSONS IS ENTITLED TO BE PAID THE SIX MONTHS' PAY PROVIDED FOR IN THE ACT OF DECEMBER 17, 1919. THE WIFE AND CHILDREN IF OTHERWISE ENTITLED ARE NOT REQUIRED TO BE DESIGNATED, AND THEIR GRATUITOUS AND UNNECESSARY DESIGNATION, IF NOT ENTITLED UNDER THE LAW, AS IN THIS CASE, WILL NOT AFFECT THE RIGHT OF "ANY OTHER DEPENDENT RELATIVE" PREVIOUSLY DESIGNATED, IF SUCH RELATIVE IS OTHERWISE WITHIN THE LAW.

IN SUPPORT OF HER CLAIM THE MOTHER HAS SUBMITTED AN AFFIDAVIT ATTESTED BY TWO WITNESSES THAT SHE IS 70 YEARS OF AGE, THAT SHE REARED HER SON'S TWO DAUGHTERS FOR HIM, THAT FOR SEVERAL YEARS BEFORE HIS DEATH THE DECEASED CONTRIBUTED TO HER SUPPORT, AND THAT SHE WAS LOOKING FORWARD TO HIS RETIREMENT, IN THE NEAR FUTURE, THAT SHE MIGHT HAVE HIS COMFORT AND SUPPORT DURING THE REMAINING YEARS OF HER LIFE. THE OLDER DAUGHTER ASSERTS THAT CLAIMANT IS THE ONLY ONE WHO HAS BEEN DEPENDENT ON THE DECEASED AND THAT HE CONTRIBUTED TO HER SUPPORT. IT APPEARS THAT CLAIMANT IS THE LEGAL GUARDIAN OF THE YOUNGER DAUGHTER, WHO IS MENTALLY INCOMPETENT.

THAT THE MOTHER AND FATHER OF DECEASED WERE AGED PERSONS WHO HAD REARED THE CHILDREN OF DECEASED; THAT THE DESIGNATION SEEMS TO HAVE BEEN MADE SHORTLY AFTER THE PASSAGE OF THE ACT OF DECEMBER 17, 1919; THAT A NEEDY CONDITION OF BOTH PARENTS EXISTED AT DATE OF DESIGNATION; AND THAT CONTRIBUTIONS WERE MADE BY DECEDENT TO THE FATHER AND MOTHER BEFORE THE FATHER'S DEATH AND SUBSEQUENTLY TO THE MOTHER IS ESTABLISHED BY THE EVIDENCE. THE NECESSITIES OF THE FATHER AND MOTHER AND THE CONTRIBUTION TO BOTH, TOGETHER WITH THEIR ADVANCED AGES, DOUBTLESS PROMPTED THE DESIGNATION OF BOTH THAT IN THE EVENT OF DEATH OF EITHER THE SURVIVOR MIGHT RECEIVE THE BENEFIT OF THE GRATUITY.

SUCH DESIGNATION IN THE SITUATION HERE PRESENTED WILL NOT BE QUESTIONED, THOUGH IT IS APPARENT THAT PAYMENTS UNDER THE LAW MAY BE MADE MORE EXPEDITIOUSLY AND WITH CERTAINTY IF IN THE FUTURE FREQUENT DESIGNATION OR AFFIRMATION OF A FORMER DESIGNATION SHALL BE REQUIRED AND THE DESIGNATION SHALL BE LIMITED TO ONE "OTHER DEPENDENT RELATIVE" AS TO WHOM THE FACTS AT DATE OF DESIGNATION SHOW A CONDITION IN HARMONY WITH THE OBSERVATIONS HERETOFORE QUOTED FROM THE DECISION OF DECEMBER 22, 1924, 4 COMP. GEN. 554. IN ACCORDANCE WITH THAT DECISION PAYMENT OF THE SIX MONTHS' PAY MAY BE MADE TO THE CLAIMANT IN THIS CASE UNLESS IT IS PROHIBITED BY THE FACT THAT DECEASED WAS SURVIVED BY TWO CHILDREN NOW LIVING.

THE ACT OF DECEMBER 17, 1919, DIRECTS THAT PAYMENT BE MADE TO SOME OTHER PREVIOUSLY DESIGNATED DEPENDENT RELATIVE,"IF THERE BE NO WIDOW OR CHILD.' IN THIS CASE THERE ARE TWO CHILDREN, BUT NEITHER MAY BE PAID THE GRATUITY BECAUSE OF THE PROVISO CONTAINED IN THE ACT OF MARCH 2, 1923. THIS PROVISO WAS INCORPORATED IN THAT ACT IN THE FORM OF PERMANENT LEGISLATION AT THE REQUEST OF THE WAR DEPARTMENT. HEARINGS BEFORE THE SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, UNITED STATES SENATE, WAR DEPARTMENT APPROPRIATION BILL, 1924, PAGES 145, 146. THE LANGUAGE USED WAS THAT SUGGESTED BY THE WAR DEPARTMENT AND CLEARLY INDICATES THAT THE ONLY OBJECT OF THE PROVISO IS TO PROHIBIT PAYMENT OF A GRATUITY TO SURVIVING CHILDREN OF THE CLASSES DESCRIBED WHO ARE NOT ACTUALLY DEPENDENTS OF DECEASED OFFICERS AND ENLISTED MEN OF THE REGULAR ARMY AT THE DATE OF THEIR DEATH.

IT HAS BEEN GENERALLY RECOGNIZED BY DECISIONS OF THE ACCOUNTING OFFICERS THAT THE POLICY PROMPTING THE ENACTMENT OF PROVISIONS SUCH AS THAT CONTAINED IN THE ACT OF DECEMBER 17, 1919, IS TO INSURE THE MATERIAL WELFARE OF SOME DEPENDENT RELATIVE, DESIGNATED BY LAW OR BY AN OFFICER OR BY AN OFFICER OR ENLISTED MAN, TO A LIMITED EXTENT AND FOR A LIMITED PERIOD AFTER THE DEATH OF THE OFFICER OR ENLISTED MAN, AND TO DESIGNATE WITH A DEGREE OF CERTAINTY THE ORDER OF SUCCESSION TO THE RIGHT TO RECEIVE THE GRATUITY GRANTED. 16 COMP. DEC. 595; 18 ID. 660; 22 ID. 524; 1 COMP. GEN. 547; 4 ID. 554. IN ORDER THAT THE POLICY PROMPTING THEIR ENACTMENT MAY BE GIVEN FULL EFFECT THE PROVISION IN THE ACT OF DECEMBER 17, 1919, AND THE PROVISION IN THE ACT OF MARCH 2, 1923, MUST BE CONSTRUED AS DIRECTING PAYMENT OF THE SIX MONTHS' PAY TO SOME "OTHER DEPENDENT RELATIVE" PREVIOUSLY DESIGNATED BY AN OFFICER OR ENLISTED MAN IF HE IS NOT SURVIVED BY A WIDOW OR A CHILD TO WHOM THE PAYMENT MAY BE MADE.

IN ACCORDANCE WITH THAT CONSTRUCTION CLAIMANT IS ENTITLED TO BE PAID AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE HER LATE SON WAS RECEIVING AT THE DATE OF HIS DEATH, AND SETTLEMENT WILL BE MADE ACCORDINGLY.