B-132066, JUL. 17, 1957

B-132066: Jul 17, 1957

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THOMPSON: REFERENCE IS MADE TO YOUR LETTER DATED MAY 8. IN YOUR APPLICATION FOR THE ARREARS OF PAY YOU CERTIFIED THAT THE DECEDENT WAS NOT SURVIVED BY A WIDOW. THAT HE WAS SURVIVED BY FIVE HALF BROTHERS AND HALF SISTERS. YOU WERE ALLOWED THE SUM OF $292.91. 464.53 FOUND TO BE DUE AND YOU WERE ADVISED THAT THE REMAINING SHARES WERE RESERVED PENDING THE RECEIPT OF CLAIMS BY THE OTHER HALF BROTHERS AND SISTERS. THE CLAIMS DIVISION EXPLAINED TO YOU THAT UNDER APPLICABLE LAW PAYMENT OF ARREARS OF PAY IS MADE TO EITHER WHOLE OR HALF BROTHERS AND SISTERS IN EQUAL SHARES AND THAT NO EXCEPTION COULD BE MADE WHERE ONE OF THEM MAY HAVE RAISED THE DECEDENT OR STOOD IN THE PLACE OF A PARENT TO HIM. YOU SAY YOU ARE RECEIVING MONTHLY PAYMENTS OF THE DECEDENT'S GOVERNMENT LIFE INSURANCE AND YOU ASK WHETHER THE BALANCE MAY NOW BE DISTRIBUTED TO YOU AND MR.

B-132066, JUL. 17, 1957

TO MRS. VIVIAN I. THOMPSON:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 8, 1957, TO THE PRESIDENT OF THE UNITED STATES, WHICH HAS BEEN REFERRED TO US FOR CONSIDERATION CONCERNING YOUR CLAIM FOR THE BALANCE OF THE ARREARS OF PAY DUE IN THE CASE OF YOUR LATE HALF BROTHER, LOREN STATION, AS OF OCTOBER 1, 1953, THE DATE OF THE RECEIPT OF EVIDENCE OF HIS DEATH WHILE SERVING AS PRIVATE, UNITED STATES MARINE CORPS.

IN YOUR APPLICATION FOR THE ARREARS OF PAY YOU CERTIFIED THAT THE DECEDENT WAS NOT SURVIVED BY A WIDOW, CHILD, FATHER OR MOTHER, BUT THAT HE WAS SURVIVED BY FIVE HALF BROTHERS AND HALF SISTERS, INCLUDING YOURSELF. BY SETTLEMENT DATED JANUARY 25, 1954, OF OUR CLAIMS DIVISION, YOU WERE ALLOWED THE SUM OF $292.91, REPRESENTING YOUR ONE FIFTH SHARE OF THE AMOUNT OF $1,464.53 FOUND TO BE DUE AND YOU WERE ADVISED THAT THE REMAINING SHARES WERE RESERVED PENDING THE RECEIPT OF CLAIMS BY THE OTHER HALF BROTHERS AND SISTERS. ON JANUARY 31, 1956, THE CLAIMS DIVISION ALLOWED A LIKE AMOUNT TO MR. CLYDE PIERCE, AS HALF BROTHER OF THE DECEDENT. LATER, BY LETTER DATED MARCH 26, 1957, THE CLAIMS DIVISION EXPLAINED TO YOU THAT UNDER APPLICABLE LAW PAYMENT OF ARREARS OF PAY IS MADE TO EITHER WHOLE OR HALF BROTHERS AND SISTERS IN EQUAL SHARES AND THAT NO EXCEPTION COULD BE MADE WHERE ONE OF THEM MAY HAVE RAISED THE DECEDENT OR STOOD IN THE PLACE OF A PARENT TO HIM. IN THE LETTER OF MAY 8, 1957, YOU SAY YOU ARE RECEIVING MONTHLY PAYMENTS OF THE DECEDENT'S GOVERNMENT LIFE INSURANCE AND YOU ASK WHETHER THE BALANCE MAY NOW BE DISTRIBUTED TO YOU AND MR. PIERCE SINCE THE LATTER SAID AT THE TIME HE MADE HIS CLAIM THAT THE OTHER HALF BROTHERS AND SISTERS WERE DECEASED.

THE LAWS AND REGULATIONS GOVERNING THE PAYMENT OF GOVERNMENT LIFE INSURANCE ARE SEPARATE AND DISTINCT FROM THE LAWS GOVERNING THE SETTLEMENT OF CLAIMS FOR THE AMOUNTS DUE THE ESTATES OF DECEASED MEMBERS OF THE MILITARY SERVICE. HENCE, THE FACT THAT YOU ARE RECEIVING INSURANCE PAYMENTS INCIDENT TO THE DEATH OF YOUR BROTHER AFFORDS NO LEGAL BASIS FOR ALLOWING YOU ANY ADDITIONAL AMOUNT OF THE ARREARS OF PAY.

AT THE TIME OF THE RECEIPT OF EVIDENCE OF THE DEATH OF THE DECEDENT SETTLEMENT OF CLAIMS FOR AMOUNTS DUE THE ESTATES OF DECEASED MEMBERS OF THE MARINE CORPS WAS GOVERNED BY THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30. THAT ACT PROVIDED THAT WHERE A DECEDENT WAS NOT SURVIVED BY A WIDOW, CHILD, FATHER OR MOTHER, AND NO DEMAND WAS PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE, THAT IS, AN EXECUTOR OR ADMINISTRATOR THE AMOUNT FOUND DUE MAY BE ALLOWED TO THE SURVIVING BROTHERS AND SISTERS IN EQUAL PARTS UNLESS THERE BE A DECEASED BROTHER OR SISTER WITH SURVIVING CHILDREN, IN WHICH EVENT THERE WOULD BE DIVIDED AMONG THE CHILDREN OF SUCH DECEASED BROTHER OR SISTER A SHARE EQUAL TO THAT RECEIVED BY EACH OF THE SURVIVING BROTHERS AND SISTERS OF THE DECEASED ENLISTED MAN. AS YOU HAVE BEEN ADVISED, NO PROVISION WAS MADE FOR THE ALLOWANCE OF THE ENTIRE AMOUNT TO ONE BROTHER OR SISTER WHERE OTHER BROTHERS OR SISTERS OR CHILDREN OF DECEASED BROTHERS AND SISTERS SURVIVE. NO EVIDENCE, SUCH AS A DEATH CERTIFICATE, HAS BEEN PRESENTED TO US THAT THE OTHER HALF BROTHER AND TWO HALF SISTERS ARE DECEASED, AND UNLESS AND UNTIL SUCH CERTIFICATE IS PRESENTED AS TO EITHER OR ALL OF THEM, TOGETHER WITH EVIDENCE THAT THEY WERE NOT SURVIVED BY A CHILD OR CHILDREN, WE MAY TAKE NO FURTHER ACTION RESPECTING YOUR CLAIM AS HALF SISTER FOR THE BALANCE RESERVED BY THE SETTLEMENT OF JANUARY 25, 1954. OF COURSE, IF YOU SHOULD HAVE YOURSELF DULY APPOINTED AS ADMINISTRATRIX OF THE DECEDENT'S ESTATE, BY A COURT OF COMPETENT JURISDICTION, THE BALANCE DUE COULD BE ALLOWED TO YOU IN THAT CAPACITY UPON RECEIPT OF AN AUTHENTICATED COPY OF THE LETTERS EVIDENCING YOUR APPOINTMENT.