B-173574, NOV 2, 1971

B-173574: Nov 2, 1971

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WHERE REASONABLE AND DILIGENT EFFORTS HAVE BEEN MADE WITHOUT SUCCESS TO ESTABLISH THE EXISTENCE OR DEATH OF A PERSON (MR. A SETTLEMENT FOR THE AMOUNT CLAIMED WILL BE ISSUED. OUR OFFICE IS PROHIBITED FROM AUTHORIZING PAYMENT TO YOU UNLESS IT CAN BE ESTABLISHED BY COMPETENT EVIDENCE THAT YOUR DAUGHTER'S HUSBAND. WAS EITHER DIVORCED FROM OR PREDECEASED YOUR DAUGHTER. REASONABLE AND DILIGENT EFFORTS HAVE BEEN MADE WITHOUT SUCCESS TO ESTABLISH THE EXISTENCE OR DEATH OF A PERSON. A SETTLEMENT FOR THE AMOUNT DUE THE DECEDENT WILL BE ISSUED IN YOUR FAVOR BY OUR CLAIMS DIVISION AND YOU WILL BE NOTIFIED THEREOF IN DUE COURSE.

B-173574, NOV 2, 1971

CIVILIAN PERSONNEL - UNPAID COMPENSATION - SECONDARY BENEFICIARY DECISION THAT CLAIMANT (MRS. FLORENCE E. GOLDEN) MAY BE PAID THE UNPAID COMPENSATION DUE UPON THE DEATH OF HER DAUGHTER, MILDRED E. ORNDORFF, A FORMER EMPLOYEE OF THE AIR FORCE. UPON FURTHER CONSIDERATION OF THE CLAIM, THE COMP. GEN. BELIEVES THAT, UNDER 5 U.S.C. 5582, WHERE REASONABLE AND DILIGENT EFFORTS HAVE BEEN MADE WITHOUT SUCCESS TO ESTABLISH THE EXISTENCE OR DEATH OF A PERSON (MR. ORNDORFF, THE DECEASED EMPLOYEE'S HUSBAND), THE MERE POSSIBILITY OF HIS EXISTENCE SHOULD NOT COMPLETELY FORECLOSE ENTITLEMENT OF THOSE WHOM CONGRESS HAS DESIGNATED AS NEXT IN LINE. ACCORDINGLY, A SETTLEMENT FOR THE AMOUNT CLAIMED WILL BE ISSUED.

TO MRS. FLORENCE E. GOLDEN:

THIS REFERS TO THE LETTER RECEIVED FROM YOUR ATTORNEY, MR. RONALD WILLONER, CONCERNING YOUR CLAIM FOR THE UNPAID COMPENSATION DUE UPON THE DEATH OF YOUR DAUGHTER, MILDRED E. ORNDORFF, A FORMER EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

BY OUR CLAIMS DIVISION LETTER OF MAY 11, 1971, Z-2449939, WE ADVISED YOU THAT UNDER 5 U.S.C. 5582, WHICH SETS FORTH THE ORDER OF PRECEDENCE FOR DISPOSITION OF UNPAID COMPENSATION, OUR OFFICE IS PROHIBITED FROM AUTHORIZING PAYMENT TO YOU UNLESS IT CAN BE ESTABLISHED BY COMPETENT EVIDENCE THAT YOUR DAUGHTER'S HUSBAND, LEONARD ORNDORFF, WAS EITHER DIVORCED FROM OR PREDECEASED YOUR DAUGHTER.

HOWEVER, UPON FURTHER CONSIDERATION, WE DO NOT BELIEVE THAT WHERE, AS IN THE INSTANT CASE, REASONABLE AND DILIGENT EFFORTS HAVE BEEN MADE WITHOUT SUCCESS TO ESTABLISH THE EXISTENCE OR DEATH OF A PERSON, THE MERE POSSIBILITY OF THAT PERSON'S EXISTENCE SHOULD COMPLETELY FORECLOSE ENTITLEMENT OF THOSE WHOM CONGRESS HAS DESIGNATED AS NEXT IN LINE. THEREFORE, A SETTLEMENT FOR THE AMOUNT DUE THE DECEDENT WILL BE ISSUED IN YOUR FAVOR BY OUR CLAIMS DIVISION AND YOU WILL BE NOTIFIED THEREOF IN DUE COURSE.