B-100323, JAN 17, 1951

B-100323: Jan 17, 1951

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IT IS STATED ON STANDARD FORM NO. 1055 THAT NO EXECUTOR OR ADMINISTRATOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED. THAT HE IS NOT SURVIVED BY A WIDOW. THAT HE IS SURVIVED BY HIS FATHER. WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF A DECEDENT'S ESTATE. THE SURVIVING PARENTS ARE ENTITLED TO SHARE EQUALLY IN THE AMOUNT DUE THE DECEDENT'S ESTATE AS ARMORY DRILL PAY AND FIELD TRAINING PAY. TO SUCH AMOUNT AS WAS LEGALLY DUE THE DECEDENT FOR ARMORY DRILL PAY AND FIELD TRAINING PAY AT THE DATE OF HIS DEATH. PAYMENT TO THEM IN THAT AMOUNT IS AUTHORIZED. IT IS NOTED THAT THE PROPOSED PAYMENT FOR ARMORY DRILL PAY AND FIELD TRAINING PAY SHOWN THEREON IS COMPUTED ON THE BASIS OF THE BASIC PAY ESTABLISHED UNDER THE CAREER COMPENSATION ACT OF 1949.

B-100323, JAN 17, 1951

 

PRECIS-UNAVAILABLE

CAPTAIN F.E. HELLENGA, USAF, DISBURSING OFFICER:

BY LETTER DATED DECEMBER 18, 1950, THE DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, REFERRED TO THIS OFFICE YOUR LETTER OF NOVEMBER 1, 1950, REQUESTING AN ADVANCE DECISION ON THE CLAIM OF JAMES H. HAMMOND, SR., FATHER OF JAMES H. HAMMOND (JR.), DECEASED, LATE CORPORAL, GRADE V (E-3), DETACHMENT C, 226TH AIR SERVICE GROUP, MICHIGAN NATIONAL GUARD, FOR ARMORY DRILL PAY AND FIELD TRAINING PAY DUE THE DECEDENT AT THE DATE OF HIS DEATH, AUGUST 2, 1949, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THE PERIOD FROM JULY 1, 1949, TO SEPTEMBER 30, 1949, AND SUPPLEMENTAL FIELD TRAINING PAY ROLL FOR THE PERIOD FROM JULY 30, 1949, TO AUGUST 13, 1949.

IT IS STATED ON STANDARD FORM NO. 1055 THAT NO EXECUTOR OR ADMINISTRATOR OF THE DECEDENT'S ESTATE HAS BEEN OR WILL BE APPOINTED; THAT HE IS NOT SURVIVED BY A WIDOW, CHILDREN, OR GRANDCHILDREN; AND THAT HE IS SURVIVED BY HIS FATHER, JAMES H. HAMMOND, SR., AND HIS MOTHER, AGNES M. HAMMOND.

UNDER THE ACT OF JUNE 30, 1906, 34 STAT. 750, AS AMENDED BY SECTION 4 OF THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30, WHERE NO DEMAND IS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF A DECEDENT'S ESTATE, AND NO WIDOW OR DESCENDANTS SURVIVE THE DECEDENT, THE SURVIVING PARENTS ARE ENTITLED TO SHARE EQUALLY IN THE AMOUNT DUE THE DECEDENT'S ESTATE AS ARMORY DRILL PAY AND FIELD TRAINING PAY. ACCORDINGLY, BOTH THE FATHER AND MOTHER APPEAR TO BE ENTITLED, AS PARENTS OF JAMES H. HAMMOND, JR., DECEASED, TO SUCH AMOUNT AS WAS LEGALLY DUE THE DECEDENT FOR ARMORY DRILL PAY AND FIELD TRAINING PAY AT THE DATE OF HIS DEATH, AND PAYMENT TO THEM IN THAT AMOUNT IS AUTHORIZED, IF OTHERWISE CORRECT, NO DETERMINATION BEING MADE HEREIN AS TO THE CORRECT AMOUNT OF SUCH PAYMENT, OR AS TO THE CORRECTNESS OF THE SUPPLEMENTAL PAY ROLLS IN OTHER RESPECTS. IN THAT CONNECTION, HOWEVER, IT IS NOTED THAT THE PROPOSED PAYMENT FOR ARMORY DRILL PAY AND FIELD TRAINING PAY SHOWN THEREON IS COMPUTED ON THE BASIS OF THE BASIC PAY ESTABLISHED UNDER THE CAREER COMPENSATION ACT OF 1949, EFFECTIVE OCTOBER 1, 1949 (63 STAT. 802), WHEREAS THE SAID DRILLS AND FIELD TRAINING WERE PERFORMED PRIOR TO THAT DATE.

THE CLAIM AND SUPPORTING PAPERS TRANSMITTED WITH YOUR LETTER ARE RETURNED HEREWITH.

IN FUTURE REQUESTS FOR ADVANCE DECISION IN CASES OF THIS NATURE, WHERE THE DECEDENT IS SURVIVED BY MORE THAN ONE HEIR IN THE ORDER OF PRECEDENCE NAMED IN THE ACT OF FEBRUARY 25, 1946, SUPRA, IT IS REQUESTED THAT THE SUPPLEMENTAL PAY ROLL AND STANDARD FORM NO. 1055, IF FEASIBLE, BE JOINTLY EXECUTED BY SUCH HEIRS. SEE PARAGRAPH 12A(2), NGB CIRCULAR NO. 48, DECEMBER 15, 1947, AMENDING NGR-59, AND B-86728, JUNE 28, 1949.