B-129495, OCT. 31, 1956

B-129495: Oct 31, 1956

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JR.: REFERENCE IS MADE TO YOUR LETTERS DATED OCTOBER 1 AND 8. THE AMOUNT DUE WAS BEING CERTIFIED FOR PAYMENT TO HER IN ACCORDANCE WITH THE ACT OF JULY 12. THAT THE AMOUNT FOUND DUE FROM THE UNIFORMED SERVICE OF WHICH THE DECEDENT WAS A MEMBER SHALL BE PAID FIRST TO THE BENEFICIARY OR BENEFICIARIES NAMED TO RECEIVE ANY SUCH AMOUNT IN A WRITTEN DESIGNATION EXECUTED BY THE MEMBER AND RECEIVED. THE ACT ALSO PROVIDES THAT PAYMENT TO A CHILD OR CHILDREN OF SUCH MEMBER SHALL BE MADE ONLY IF THERE IS NO SUCH BENEFICIARY OR SURVIVING SPOUSE OF THE MEMBER. THAT SUCH FORM WAS RECEIVED IN THE FINANCE CENTER. THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

B-129495, OCT. 31, 1956

TO MR. ROBERT R. SPEED, JR.:

REFERENCE IS MADE TO YOUR LETTERS DATED OCTOBER 1 AND 8, 1956, CONCERNING YOUR CLAIM FOR ARREARS OF RETIRED PAY BELIEVED TO BE DUE IN THE CASE OF YOUR LATE FATHER, ROBERT R. SPEED, SR., FORMER CAPTAIN, ARMY OF THE UNITED STATES (RETIRED), WHO DIED ON JULY 25, 1956.

BY LETTER DATED SEPTEMBER 27, 1956, OUR CLAIMS DIVISION ADVISED YOU THAT SINCE YOUR FATHER EXECUTED A VALID DESIGNATION OF BENEFICIARY IN FAVOR OF MRS. IRENE M. MARCHION, THE AMOUNT DUE WAS BEING CERTIFIED FOR PAYMENT TO HER IN ACCORDANCE WITH THE ACT OF JULY 12, 1955, 69 STAT. 295, AND THAT FAVORABLE CONSIDERATION COULD NOT BE GIVEN TO YOUR CLAIM. YOU EXPRESS THE BELIEF THAT YOUR CLAIM AS SON AND NEXT OF KIN OF YOUR LATE FATHER SHOULD BE GIVEN PRECEDENCE OVER THE DESIGNATED BENEFICIARY.

THE ACT OF JULY 12, 1955, WHICH GOVERNS THE SETTLEMENT OF ACCOUNTS OF DECEASED MEMBERS OF THE UNIFORMED SERVICES WHO DIED ON OR AFTER JANUARY 1, 1956, PROVIDES, IN MATERIAL PART, THAT THE AMOUNT FOUND DUE FROM THE UNIFORMED SERVICE OF WHICH THE DECEDENT WAS A MEMBER SHALL BE PAID FIRST TO THE BENEFICIARY OR BENEFICIARIES NAMED TO RECEIVE ANY SUCH AMOUNT IN A WRITTEN DESIGNATION EXECUTED BY THE MEMBER AND RECEIVED, PRIOR TO HIS DEATH, IN THE PLACE DESIGNATED FOR SUCH PURPOSE IN THE REGULATIONS OF THE DEPARTMENT CONCERNED. THE ACT ALSO PROVIDES THAT PAYMENT TO A CHILD OR CHILDREN OF SUCH MEMBER SHALL BE MADE ONLY IF THERE IS NO SUCH BENEFICIARY OR SURVIVING SPOUSE OF THE MEMBER. BY LETTER DATED SEPTEMBER 4, 1956, THE DEPARTMENT OF THE ARMY FORWARDED TO THE CLAIMS DIVISION A PHOTOSTATIC COPY OF FINANCE CENTER, UNITED STATES ARMY FORM 1170, DESIGNATION OF BENEFICIARY BY ARMY RETIRED INDIVIDUAL, FROM WHICH IT APPEARS THAT ON JANUARY 17, 1956, YOUR FATHER EXECUTED A DULY WITNESSED DESIGNATION OF BENEFICIARY IN FAVOR OF MRS. IRENE M. MARCHION, AND THAT SUCH FORM WAS RECEIVED IN THE FINANCE CENTER, UNITED STATES ARMY, ON JANUARY 23, 1956.

IN VIEW OF THE EXPRESS TERMS OF THE ACT OF JULY 12, 1955, AND THE VALID DESIGNATION OF BENEFICIARY BY YOUR LATE FATHER, WE HAD NO ALTERNATIVE BUT TO CERTIFY THE AMOUNT FOUND DUE FOR PAYMENT TO SUCH BENEFICIARY. ACCORDINGLY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.