B-132443, NOV. 8, 1957

B-132443, NOV. 8, 1957

TO MR. IGNACZ VAD:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 17, 1957, AND TO YOUR INQUIRY OF OCTOBER 6, 1957, CONCERNING YOUR CLAIM FOR ARREARS OF RETIRED PAY DUE IN THE CASE OF YOUR LATE SON, JOSEPH F. WOODS, UNITED STATES NAVY (RETIRED), WHO DIED JULY 28, 1956.

YOUR CLAIM WAS DENIED BY LETTER DATED JUNE 12, 1957, FROM OUR CLAIMS DIVISION FOR THE REASON THAT THE DEPARTMENT OF THE NAVY HAS REPORTED THAT THE DECEDENT WAS SURVIVED BY A WIDOW, MARY WOODS, AND BY A SON, JOSEPH FRANK WOODS, JR., BOTH RESIDING AT YOUR ADDRESS IN FAIRFIELD, CONNECTICUT. THE DECEDENT LISTED MARY WOODS AS WIFE ON A BENEFICIARY SLIP EXECUTED BY HIM ON JULY 30, 1945. IN THE LETTER OF JUNE 17, 1957, YOU SAY THAT YOUR SON WAS NEVER MARRIED TO MARY WOODS AND THAT SHE HAS GOTTEN HIS INSURANCE, HIS CAR, AND ALL OF HIS POSSESSIONS. YOU ALSO SAY THAT THE DECEDENT NEVER HAD A SON AND YOU URGE THAT THE AMOUNT DUE BE PAID TO YOU AS NEXT OF KIN OF THE DECEDENT.

AS YOU WERE ADVISED IN THE LETTER OF JUNE 12, 1957, THE SETTLEMENT OF ACCOUNTS OF DECEASED MEMBERS OF THE UNIFORMED SERVICES WHO DIE ON OR AFTER JANUARY 1, 1956, IS GOVERNED BY THE ACT OF JULY 12, 1955, 69 STAT. 295. SUCH ACT PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"SEC. 2. IN THE SETTLEMENT OF THE ACCOUNT OF ANY DECEASED MEMBER OF THE UNIFORMED SERVICES * * * THE AMOUNT FOUND DUE THEREIN FROM THE UNIFORMED SERVICE OF WHICH THE DECEDENT WAS A MEMBER SHALL BE PAID TO THE PERSON OR PERSONS SURVIVING AT THE DATE OF DEATH IN THE FOLLOWING ORDER OF PRECEDENCE:

"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;

"SECOND, IF THERE BE NO SUCH BENEFICIARY, TO THE WIDOW OR WIDOWER OF SUCH MEMBER;

"THIRD, IF THERE BE NO BENEFICIARY OR SURVIVING SPOUSE, TO THE CHILD OR CHILDREN OF SUCH MEMBER, AND DESCENDANTS OF DECEASED CHILDREN, BY REPRESENTATION;

"FOURTH, IF NONE OF THE ABOVE, TO THE PARENTS OF THE MEMBER, OR THE SURVIVOR OF THEM * * *.'

IN VIEW OF THE ORDER OF PRECEDENCE ESTABLISHED BY THIS ACT AND SINCE THE RECORD REFLECTS THAT THE DECEDENT NAMED MARY WOODS AS HIS WIFE AND JOSEPH FRANK WOODS, JR., AS HIS SON, WE HAVE NO AUTHORITY, IN THE ABSENCE OF A JUDICIAL DETERMINATION OR OTHER SATISFACTORY EVIDENCE THAT THEY WERE NOT SO RELATED TO HIM, TO ALLOW THE AMOUNT DUE TO YOU.

ACCORDINGLY, UPON THE BASIS OF THE PRESENT RECORD, THE ACTION TAKEN IN THE LETTER OF JUNE 12, 1957, IS SUSTAINED.