B-135922, MAY 16, 1958

B-135922: May 16, 1958

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THE OTHER ONE HALF SHARE WAS RESERVED PENDING RECEIPT OF A CLAIM ON BEHALF OF ANOTHER CHILD REPORTED TO HAVE BEEN BORN DURING THE PERIOD OF MR. IN SUPPORT OF YOUR CLAIM YOU HAVE SUBMITTED TO US A LETTER DATED JANUARY 31. WAS THE ONLY CHILD OF VALENTIN BAUTISTA. IS THAT THE TRAIL BETWEEN THE DECEDENT AND HIS WIFE. RESULTED IN A DETERMINATION BY THE COURT THAT HER CHILD WAS NOT HIS. EVEN THOUGH THE CHILD WAS BORN DURING THE PERIOD OF THEIR MARRIAGE. FULL-LENGTH COPY OF THE INTERLOCUTORY DECREE WILL BE $50. HE IS NOT SURVIVED BY A SPOUSE. THE BURDEN IS ON CLAIMANTS BEFORE THIS OFFICE TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS. IS ENTITLED TO RECEIVE THE BALANCE OF PAY DUE HIS ESTATE.

B-135922, MAY 16, 1958

TO MRS. KATHERINE E. WOOD:

YOUR LETTER DATED MARCH 12, 1958, MAKES A FURTHER CLAIM ON BEHALF OF YOUR DAUGHTER, ARLINE S. BAUTISTA, FOR THE BALANCE OF PAY DUE HER FATHER, VALENTIN R. BAUTISTA, SDC, 497 82 29, U.S. NAVY, RETIRED, AT THE DATE OF HIS DEATH, NOVEMBER 7, 1956. OUR SETTLEMENT OF APRIL 23, 1957, ALLOWED YOUR DAUGHTER THE SUM OF $149.48, REPRESENTING ONE-HALF OF THE UNPAID PAY AND ALLOWANCES DUE TO THE DECEDENT. THE OTHER ONE HALF SHARE WAS RESERVED PENDING RECEIPT OF A CLAIM ON BEHALF OF ANOTHER CHILD REPORTED TO HAVE BEEN BORN DURING THE PERIOD OF MR. BAUTISTA'S MARRIAGE TO MILDRED M. BAUTISTA.

IN SUPPORT OF YOUR CLAIM YOU HAVE SUBMITTED TO US A LETTER DATED JANUARY 31, 1958, FROM YOUR ATTORNEY, MR. WILLIAM J. LARSON. THIS LETTER RELATES THAT THE INTERLOCUTORY DIVORCE DECREE GRANTED TO VALENTIN AND MILDRED BAUTISTA STATES THAT YOUR DAUGHTER, ARLINE, WAS THE ONLY CHILD OF VALENTIN BAUTISTA. THE BASIS FOR THIS, MR. LARSON SAYS, IS THAT THE TRAIL BETWEEN THE DECEDENT AND HIS WIFE, MILDRED, RESULTED IN A DETERMINATION BY THE COURT THAT HER CHILD WAS NOT HIS, EVEN THOUGH THE CHILD WAS BORN DURING THE PERIOD OF THEIR MARRIAGE. MR. LARSON FURTHER STATES THAT HIS FEE FOR SECURING FOR YOU A CERTIFIED, FULL-LENGTH COPY OF THE INTERLOCUTORY DECREE WILL BE $50. YOU EXPRESS A DESIRE TO AVOID SUCH EXPENSE IN VIEW OF THE AMOUNT OF THE CLAIM.

THE ACT OF JULY 12, 1955, 69 STAT. 295, 37 U.S.C. 362 GOVERNING THE SETTLEMENT OF THE ACCOUNTS OF DECEASED PERSONNEL OF THE UNIFORMED SERVICES, PROVIDES THAT IF THERE BE NO BENEFICIARY DESIGNATED BY THE MEMBER TO RECEIVE THE AMOUNT DUE, AND HE IS NOT SURVIVED BY A SPOUSE, SUCH AMOUNT SHALL BE PAID TO THE CHILD OR CHILDREN, AND TO THE DESCENDANTS OF DECEASED CHILDREN, BY REPRESENTATION. THE BURDEN IS ON CLAIMANTS BEFORE THIS OFFICE TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS. SEE 31 COMP. GEN. 340. SINCE INFORMATION HAS BEEN RECEIVED INDICATING THAT THE DECEDENT MAY BE SURVIVED BY ANOTHER CHILD, THE RECORD BEFORE US MAY NOT BE ACCEPTED AS ESTABLISHING THAT HIS DAUGHTER, ARLINE, IS ENTITLED TO RECEIVE THE BALANCE OF PAY DUE HIS ESTATE. HOWEVER, IF THE INTERLOCUTORY DIVORCE DECREE REFLECTS A DETERMINATION BY THE COURT, AS STATED BY MR. LARSON, THAT ARLINE WAS THE DECEDENT'S ONLY CHILD, WE SHALL BE PLEASED TO GIVE THE MATTER FURTHER CONSIDERATION UPON RECEIPT OF A CERTIFIED COPY OF SUCH DECREE.

CONCERNING THE COST OF OBTAINING A CERTIFIED COPY OF THE INTERLOCUTORY DIVORCE DECREE, IT IS SUGGESTED THAT IF YOU WRITE TO THE CLERK OF THE COURT THAT ISSUED THE DECREE HE MAY BE ABLE TO FURNISH YOU INFORMATION AS TO THE COST AND PROCEDURE FOR OBTAINING SUCH A COPY THROUGH HIS OFFICE.

ON THE PRESENT RECORD WE MUST DENY PAYMENT OF YOUR DAUGHTER'S CLAIM. MR. LARSON'S LETTER IS RETURNED AS YOU REQUESTED.