B-140993, NOV. 3, 1959
Highlights
BLAKEMORE: REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 30. YOU WERE ADVISED THAT THE EVIDENCE ON FILE HERE FAILED TO ESTABLISH THAT THE DECEDENT WAS NOT SURVIVED BY A CHILD AND THAT SINCE THE ACT OF JUNE 4. THE SAME ADVICE WAS GIVEN TO YOU IN THE SETTLEMENT WITH RESPECT TO YOUR CLAIM FOR ARREARS OF PAY DUE THE ESTATE OF THE DECEDENT. IN THE ABSENCE OF A CLAIM FROM A LEGAL REPRESENTATIVE AND WHERE THE DECEDENT WAS NOT SURVIVED BY A WIDOW. WAS ALLOWED THE SUMS OF $897 AND $71.86. WAS BASED UPON THE RECORD BEFORE US. FROM WHICH IT APPEARED THAT ALLEN CURRY BLAKEMORE WAS THE MINOR CHILD OF THE DECEDENT. SUCH SETTLEMENTS WERE IN ACCORDANCE WITH THE EXPRESS PROVISIONS OF THE ABOVE-CITED ACTS.
B-140993, NOV. 3, 1959
TO MR. R. F. BLAKEMORE:
REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 30, 1959, WRITTEN ON YOUR BEHALF BY MR. WILLIAM B. COLE, CONCERNING YOUR CLAIM FOR THE SIX MONTHS' DEATH GRATUITY BELIEVED TO BE DUE YOU IN THE CASE OF YOUR LATE SON, DEWITT HARRIS BLAKEMORE, WHO DIED NOVEMBER 19, 1947, WHILE SERVING AS SHIPFITTER SECOND CLASS, UNITED STATES NAVY.
BY SETTLEMENT DATED MARCH 14, 1949, OF OUR CLAIMS DIVISION, ADDRESSED TO YOU AND YOUR WIFE, YOU WERE ADVISED THAT THE EVIDENCE ON FILE HERE FAILED TO ESTABLISH THAT THE DECEDENT WAS NOT SURVIVED BY A CHILD AND THAT SINCE THE ACT OF JUNE 4, 1920, AS AMENDED BY THE ACT OF MARCH 29, 1944, 58 STAT. 129, AUTHORIZING PAYMENT OF THE SIX MONTHS' DEATH GRATUITY, UNDER THE CIRCUMSTANCES SET FORTH IN THE STATUTE, PROVIDED THAT A CHILD OF THE DECEDENT TAKES PRECEDENCE OVER PARENTS, YOUR CLAIM FOR SUCH GRATUITY COULD NOT BE ALLOWED. THE SAME ADVICE WAS GIVEN TO YOU IN THE SETTLEMENT WITH RESPECT TO YOUR CLAIM FOR ARREARS OF PAY DUE THE ESTATE OF THE DECEDENT, THE ACT OF FEBRUARY 26, 1946, 60 STAT. 30, GOVERNING THE SETTLEMENT OF ACCOUNTS OF DECEASED MEMBERS OF THE NAVY, PROVIDING THAT, IN THE ABSENCE OF A CLAIM FROM A LEGAL REPRESENTATIVE AND WHERE THE DECEDENT WAS NOT SURVIVED BY A WIDOW, A CHILD OF THE DECEDENT TAKES PRECEDENCE OVER THE PARENTS. THEREAFTER, BY TWO SETTLEMENTS, EACH DATED NOVEMBER 23, 1950, MRS. BROWNIE ALEXANDER LEPIER, AS LEGAL GUARDIAN OF ALLEN CURRY BLAKEMORE, MINOR SON OF THE DECEDENT, WAS ALLOWED THE SUMS OF $897 AND $71.86, REPRESENTING THE SIX MONTHS' DEATH GRATUITY AND THE ARREARS OF PAY, RESPECTIVELY, DUE IN THE CASE OF THE DECEDENT.
THE ADVICE CONTAINED IN THE SETTLEMENT OF MARCH 14, 1949, AND THE ACTION TAKEN IN THE TWO SETTLEMENTS OF OCTOBER 23, 1950, WAS BASED UPON THE RECORD BEFORE US, FROM WHICH IT APPEARED THAT ALLEN CURRY BLAKEMORE WAS THE MINOR CHILD OF THE DECEDENT, AND SUCH SETTLEMENTS WERE IN ACCORDANCE WITH THE EXPRESS PROVISIONS OF THE ABOVE-CITED ACTS.
ACCORDINGLY, NO AMOUNT IS DUE YOU FOR THE SIX MONTHS' DEATH GRATUITY OR FOR ARREARS OF PAY IN THE CASE OF YOUR LATE SON.