Entitlement to Death Gratuity

Peggy Lee Hamilton requested reconsideration of a settlement which disallowed her claim for 6 month's death gratuity. Because the claimant obtained a Mexican divorce from her prior spouse and subsequently married the member, the legality of the marital status of the deceased and the claimant was too doubtful for payment of the death gratuity in the absence of a declaratory decree from a court of competent jurisdiction in the United States recognizing the validity of the Mexican divorce. The fact that the claimant was paid the member's unpaid pay and allowances as his designated beneficiary did not stop the Government from challenging the validity of her marriage. The denial of the claim for the death gratuity did not constitute a taking of the member's property without due process since the amount in question was not the property of the deceased member but was a gratuity payable out of Federal funds specifically authorized by law.