B-158704, MAY 13, 1966

B-158704: May 13, 1966

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CELIA ADKINS: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 7. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MARCH 28. SINCE IT SHOWED THAT YOUR GRANDSON WAS IN THE SERVICE IN AUGUST 1961 WHEN YOU STATED THE RELATIONSHIP AROSE. YOU BELIEVE YOUR PRIOR REPRESENTATION IN THE MATTER WAS IN ERROR AND THAT YOUR FOSTER PARENT RELATIONSHIP ACTUALLY AROSE ABOUT APRIL 1957 AND CONTINUED UNTIL HE AGAIN ENTERED THE SERVICE. THE OFFICIAL STATEMENT OF SERVICE OF BILLY KOVACH IS AS FOLLOWS: CHART ACTIVE SERVICE "NATURE OF ACTION EFFECTIVE DATE FROM TO ENL USAF JUN 30. 1965 FROM THE FOREGOING IT WILL BE SEEN THAT THE MEMBER SERVED IN THE REGULAR ARMY CONTINUOUSLY FROM JULY 7. WHILE HE MAY HAVE MADE HIS HOME WITH YOU UNTIL HE ENLISTED IN THE NAVY ON JULY 15.

B-158704, MAY 13, 1966

TO MRS. CELIA ADKINS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 7, 1966, CONCERNING YOUR CLAIM (AS GRANDMOTHER IN LOCO PARENTIS) FOR THE 6 MONTHS' DEATH GRATUITY PAYABLE IN THE CASE OF YOUR GRANDSON, BILLY KOVACH, WHO DIED ON NOVEMBER 5, 1965, WHILE SERVING IN THE UNITED STATES AIR FORCE.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MARCH 28, 1966, FOR THE REASON THAT THE RECORD DID NOT ESTABLISH THAT A LOCO PARENTIS OR FOSTER PARENT RELATIONSHIP EXISTED FOR A PERIOD OF NOT LESS THAN ONE YEAR PRIOR TO THE DECEDENT'S LAST ENTRY INTO ACTIVE SERVICE, AS REQUIRED UNDER THE APPLICABLE LAW (10 U.S.C. 1475 TO 1477) TO QUALIFY YOU FOR THE GRATUITY CLAIMED, SINCE IT SHOWED THAT YOUR GRANDSON WAS IN THE SERVICE IN AUGUST 1961 WHEN YOU STATED THE RELATIONSHIP AROSE. IN YOUR PRESENT LETTER YOU SAY THAT YOUR GRANDSON'S STEPMOTHER DIED IN APRIL 1956 AND THAT HE CAME TO LIVE WITH YOU ABOUT A YEAR LATER AND, THEREFORE, YOU BELIEVE YOUR PRIOR REPRESENTATION IN THE MATTER WAS IN ERROR AND THAT YOUR FOSTER PARENT RELATIONSHIP ACTUALLY AROSE ABOUT APRIL 1957 AND CONTINUED UNTIL HE AGAIN ENTERED THE SERVICE.

THE OFFICIAL STATEMENT OF SERVICE OF BILLY KOVACH IS AS FOLLOWS:

CHART

ACTIVE SERVICE "NATURE OF ACTION EFFECTIVE DATE

FROM TO

ENL USAF JUN 30, 1950 JUN 30, 1950 MAY 21, 1954

HON DISCH MAY 21, 1954

ENL RA JULY 7, 1954 JUL 7, 1954 JULY 5, 1955

HON DISCH JULY 5, 1955

ENL RA JUL 6, 1955 JUL 6, 1955 OCT 5, 1957

HON DISCH OCT 5, 1957

ENL USN JUL 15, 1958 JUL 15, 1958 JUL 13, 1962

HON DISCH JUL 13, 1962

ENL USAF AUG 8, 1962 AUG 8, 1962 NOV 5, 1965"

DIED NOV 5, 1965

FROM THE FOREGOING IT WILL BE SEEN THAT THE MEMBER SERVED IN THE REGULAR ARMY CONTINUOUSLY FROM JULY 7, 1954, UNTIL OCTOBER 5, 1957. THEREAFTER, WHILE HE MAY HAVE MADE HIS HOME WITH YOU UNTIL HE ENLISTED IN THE NAVY ON JULY 15, 1958, SINCE THIS IS A PERIOD OF LESS THAN 10 MONTHS, IT IS CLEAR THAT THE FOSTER PARENT RELATIONSHIP BETWEEN YOU AND THE DECEDENT DID NOT EXIST FOR A PERIOD OF AT LEAST ONE YEAR PRIOR TO HIS LAST ENTRY INTO ACTIVE SERVICE. IN THESE CIRCUMSTANCES, THERE IS NO LEGAL BASIS TO ALLOW YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF MARCH 28, 1966, IS CORRECT AND IS SUSTAINED. ALSO, YOU ARE ADVISED THAT IN THE ABSENCE OF OTHER QUALIFYING CLAIMANT UNDER THE PROVISIONS OF 10 U.S.C. 1477, PAYMENT OF THE 6 MONTHS' DEATH GRATUITY NOW HAS BEEN MADE TO MR. JOHN KOVACH AS SURVIVING FATHER OF THE DECEASED.