A-99633, DECEMBER 23, 1938, 18 COMP. GEN. 567

A-99633: Dec 23, 1938

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GRATUITIES - SIX MONTHS' DEATH - ELIGIBILITY OF MARRIED CHILDREN THE WORDS "TO ANY MARRIED CHILD OR UNMARRIED CHILD OVER TWENTY-ONE YEARS OF AGE * * * WHO IS NOT ACTUALLY A DEPENDENT OF SUCH DECEASED OFFICER OR ENLISTED MAN" APPEARING IN THE ACT OF MARCH 2. 1938: THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MRS. THE AFFIDAVIT OF THE CLAIMANT WHICH CONSTITUTES A PART OF THE VOUCHER SHOWS THAT SHE IS 27 YEARS OF AGE AND MARRIED. 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-99633, DECEMBER 23, 1938, 18 COMP. GEN. 567

GRATUITIES - SIX MONTHS' DEATH - ELIGIBILITY OF MARRIED CHILDREN THE WORDS "TO ANY MARRIED CHILD OR UNMARRIED CHILD OVER TWENTY-ONE YEARS OF AGE * * * WHO IS NOT ACTUALLY A DEPENDENT OF SUCH DECEASED OFFICER OR ENLISTED MAN" APPEARING IN THE ACT OF MARCH 2, 1923, 42 STAT. 1385, AMENDING THE ACT OF DECEMBER 17, 1919, 41 STAT. 367, AUTHORIZING PAYMENT OF SIX MONTHS' PAY TO CERTAIN SPECIFIED BENEFICIARIES OF OFFICERS AND ENLISTED MEN OF THE REGULAR ARMY UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS, CLEARLY FORBID SUCH PAYMENTS TO MARRIED CHILDREN, NOTWITHSTANDING THE ALLEGATION OF DEPENDENCY ON THE DECEASED OFFICER OR ENLISTED MAN.

ACTING COMPTROLLER GENERAL ELLIOTT TO LIEUTENANT COLONEL W. M. DIXON, UNITED STATES ARMY, DECEMBER 23, 1938:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MRS. EVELYN JULY BEST, DAUGHTER OF CHARLES J. JULY, NO. R-313723, DECEASED, LATE CORPORAL, TROOP B, TENTH CAVALRY, UNITED STATES ARMY, FOR $315, AN AMOUNT STATED AS EQUAL TO 6 MONTHS' PAY OF THE DECEASED AT THE RATE RECEIVED BY HIM AT DATE OF DEATH, NOVEMBER 23, 1937. THE AFFIDAVIT OF THE CLAIMANT WHICH CONSTITUTES A PART OF THE VOUCHER SHOWS THAT SHE IS 27 YEARS OF AGE AND MARRIED.

THE ACT OF DECEMBER 17, 1919, 41 STAT. 367, SO FAR AS HERE MATERIAL, 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 ABOVE AMENDMENT DENIES PAYMENT FROM APPROPRIATED FUNDS "TO ANY MARRIED CHILD" OR TO ANY ,UNMARRIED CHILD OVER 21 YEARS OF AGE * * * WHO IS NOT ACTUALLY A DEPENDENT OF SUCH OFFICER OR ENLISTED MAN.' IT IS A GENERAL RULE THAT EVERY WORD IN A STATUTE IS TO BE GIVEN FORCE AND EFFECT. TO HOLD THAT A MARRIED CHILD, IF ACTUALLY A DEPENDENT, MAY BE PAID THE 6 MONTHS' GRATUITY, PLACES THE MARRIED CHILD AND THE UNMARRIED CHILD OVER 21 IN THE SAME CLASS AND WOULD TREAT THE WORDS "MARRIED" AND "UNMARRIED" AS SURPLUSAGE.

THE ACT OF DECEMBER 17, 1919, AS AMENDED, AUTHORIZES PAYMENT OF THE 6 MONTHS' PAY TO THREE CLASSES (1) WIDOW AND UNMARRIED CHILDREN UNDER 21 YEARS OF AGE WITHOUT QUALIFICATION AS TO DEPENDENCY (2) UNMARRIED CHILD (OR CHILDREN) OVER 21 YEARS OF AGE IF ACTUALLY A DEPENDENT OF THE DECEASED OFFICER OR ENLISTED MAN AND (3) RELATIVES OTHER THAN WIDOW OR CHILD IF DEPENDENT AND PREVIOUSLY DESIGNATED. THE ACT PLAINLY AND CLEARLY FORBIDS PAYMENT OF THE 6 MONTHS' GRATUITY TO A MARRIED CHILD AND YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER WHICH IS RETAINED IN THIS OFFICE.