[Claim for Retired Pay by Beneficiaries of Military Member]

A decision was presented concerning the claims of the designated beneficiaries of an Air Force member for any unpaid retired pay accrued by him. The member disappeared from a beach and has been presumed drowned. At the time of his disappearance the member was receiving retired pay from the Air Force. Apparently, word of his disappearance reached the Air Force, whereupon the Air Force discontinued the member's retired pay and recalled all retired paychecks that had been issued to him since his disappearance. The designated beneficiaries secured a decree from a State court declaring the member dead. Although the Air Force received a copy of the petition filed in the action, the United States was neither party to nor represented in the action. Because the State court decree was not a sufficient basis for allowing a claim for accrued retired pay, the Claims Group denied the beneficiaries' claims, which were based on their request that the member be determined to have died on the date of the court's decree. Retired members of the Armed Forces accrue retired pay only during their lifetimes. Payment of retired pay is generally authorized only to the retired member, except that upon his death the amount is to be paid to his beneficiary. Therefore, the fact and the date of death must first be established for GAO to determine whether there was any accrued retired pay due the member for which payment could be authorized. The record indicated that the member actually died on or about the last date he was reported seen alive, and the Air Force used this date as basis for terminating his retired pay. Accordingly, the decision to disallow the claims for accrued retired pay was affirmed.