B-163409, MAR. 14, 1968

B-163409: Mar 14, 1968

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

1966 AND IT HAS BEEN ESTABLISHED THAT HE WAS LIVING WITH HIS MOTHER AS LATE AS OCT. 11. IT IS DOUBTFUL THAT CLAIMANT CAN PROVE ENTITLEMENT. HOWEVER CLAIM WILL NOT BE PAID UNTIL INDIVIDUAL HAS REPLIED AND HE WILL BE GIVEN 30 DAYS THEREFOR. SIMMONS: FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR SIX MONTHS' DEATH GRATUITY DUE IN THE CASE OF CORPORAL DAVID A. WHICH WAS THE SUBJECT OF LETTER DATED OCTOBER 24. ALTHOUGH YOU WERE NOT RELATED TO THE LATE CORPORAL ROBIN. IN WHICH IT IS STATED THAT "HE RESIDES WITH HIS NATURAL MOTHER. AS YOU WERE ADVISED. SINCE CORPORAL ROBIN WAS NOT SURVIVED BY A WIDOW OR CHILDREN AND HE DID NOT DESIGNATE ANYONE AS BENEFICIARY FOR GRATUITY PAY. THE AMOUNT DUE IS PAYABLE TO HIS "PARENTS OR PERSONS IN LOCO PARENTIS AS PRESCRIBED BY SUBSECTION (C) * * *.'.

B-163409, MAR. 14, 1968

ARMED SERVICES - SIX MONTHS DEATH GRATUITY - FOSTER PARENT CLAIM FOR SIX MONTHS DEATH GRATUITY ON BASIS OF FOSTER PARENT RELATIONSHIP WITH DECEASED ARMY MEMBER MAY NOT BE PAID. PERSON CLAIMING GRATUITY ON BASIS OF "IN LOCO PARENTIS" MUST SHOW THAT RELATIONSHIP EXISTED FOR PERIOD OF NOT LESS THAN A YEAR. SINCE DECEASED ENTERED SERVICE ON JUNE 22, 1966 AND IT HAS BEEN ESTABLISHED THAT HE WAS LIVING WITH HIS MOTHER AS LATE AS OCT. 11, 1965, IT IS DOUBTFUL THAT CLAIMANT CAN PROVE ENTITLEMENT. HOWEVER CLAIM WILL NOT BE PAID UNTIL INDIVIDUAL HAS REPLIED AND HE WILL BE GIVEN 30 DAYS THEREFOR.

TO MR. LOWELL R. SIMMONS:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR SIX MONTHS' DEATH GRATUITY DUE IN THE CASE OF CORPORAL DAVID A. ROBIN, US 56 426 280, U.S. ARMY, WHO DIED JUNE 19, 1967, WHICH WAS THE SUBJECT OF LETTER DATED OCTOBER 24, 1967, FROM OUR CLAIMS DIVISION.

ALTHOUGH YOU WERE NOT RELATED TO THE LATE CORPORAL ROBIN, YOU ASSERTED A CLAIM FOR THE DEATH GRATUITY ON THE BASIS OF A FOSTER PARENT RELATIONSHIP WHICH YOU SAY EXISTED AT THE TIME OF HIS DEATH. YOU FIRST STATED (ON JULY 11, 1967), THAT THE DECEDENT HAD LIVED WITH YOU IN YOUR HOUSEHOLD FROM APRIL 1966; BUT IN REPLY TO LETTER FROM THE FINANCE CENTER, U.S. ARMY, DATED AUGUST 17, 1967, YOU SAID THAT HE COMMENCED LIVING IN YOUR HOUSEHOLD ON APRIL 28, 1965. CLAIM FOR THE GRATUITY HAS ALSO BEEN MADE BY MRS. DORRES ROBIN, NATURAL MOTHER, AND W. T. ROBIN, STEPFATHER, WHO STATED THAT CORPORAL ROBIN LIVED WITH THEM UNTIL JANUARY 11, 1966, AND THAT HE RECEIVED COMPLETE SUPPORT FROM THEM UNTIL HE REACHED THE AGE OF 19, ON DECEMBER 28, 1965. RECENTLY, THERE HAS BEEN FURNISHED A COPY OF A PETITION FOR THE APPOINTMENT OF GUARDIAN AD LITEM, SIGNED BY THE DECEDENT ON OCTOBER 11, 1965, AND FILED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE CITY AND COUNTY OF SAN FRANCISCO, IN WHICH IT IS STATED THAT "HE RESIDES WITH HIS NATURAL MOTHER, DORRES ROBIN.'

AS YOU WERE ADVISED, 10 U.S.C. 1477 PROVIDES THAT THE SIX MONTH'S DEATH GRATUITY SHALL BE PAID TO OR FOR THE LIVING SURVIVOR HIGHEST ON THE LIST THERE PRESCRIBED. SINCE CORPORAL ROBIN WAS NOT SURVIVED BY A WIDOW OR CHILDREN AND HE DID NOT DESIGNATE ANYONE AS BENEFICIARY FOR GRATUITY PAY, THE AMOUNT DUE IS PAYABLE TO HIS "PARENTS OR PERSONS IN LOCO PARENTIS AS PRESCRIBED BY SUBSECTION (C) * * *.' SUBSECTION (C) OF 10 U.S.C. 1477 PROVIDES AS FOLLOWS:

"/C) CLAUSES (3) AND (4) OF SUBSECTION (A), SO FAR AS THEY APPLY TO PARENTS AND PERSONS IN LOCO PARENTIS, INCLUDE FATHERS AND MOTHERS THROUGH ADOPTION, AND PERSONS WHO STOOD IN LOCO PARENTIS TO THE DECEDENT FOR A PERIOD OF NOT LESS THAN ONE YEAR AT ANY TIME BEFORE HE ACQUIRED A STATUS DESCRIBED IN SECTION 1475 OR 1476 OF THIS TITLE. HOWEVER, ONLY ONE FATHER AND ONE MOTHER, OR THEIR COUNTERPARTS IN LOCO PARENTIS, MAY BE RECOGNIZED IN ANY CASE, AND PREFERENCE SHALL BE GIVEN TO THOSE WHO EXERCISED A PARENTAL RELATIONSHIP ON THE DATE, OR MOST NEARLY BEFORE THE DATE, ON WHICH THE DECEDENT ENTERED THAT STATUS.'

IN ORDER FOR PAYMENT OF THE GRATUITY TO BE AUTHORIZED UNDER THE STATUTE TO A PERSON WHO STOOD ,IN LOCO PARENTIS" TO THE DECEDENT, THAT RELATIONSHIP MUST HAVE EXISTED FOR A PERIOD OF NOT LESS THAN A YEAR. SINCE IT IS SHOWN THAT THE DECEASED ENTERED THE SERVICE ON JUNE 22, 1966, AND IT IS NOW ESTABLISHED THAT HE WAS LIVING WITH HIS MOTHER AS LATE AS OCTOBER 11, 1965, IT APPEARS DOUBTFUL THAT YOU WILL BE ABLE TO PROVE THAT YOU STOOD "IN LOCO PARENTIS" TO HIM.

IN ORDER THAT ACTION ON THE CLAIMS OF THE RIGHTFUL PARTIES WILL NOT BE WITHHELD FOR AN UNREASONABLE LENGTH OF TIME, WE REQUEST THAT YOU ADVISE US WHETHER YOU ARE STILL ASSERTING YOUR CLAIM AND YOUR REASONS THEREFOR. A REPLY IS NOT RECEIVED IN THIS OFFICE WITHIN 30 DAYS FROM THE DATE OF THIS LETTER, YOUR CLAIM WILL BE CONSIDERED AS HAVING BEEN ABANDONED.