B-150614, JUN. 19, 1963

B-150614, JUN. 19, 1963

TO MRS. GOLDIE SHANKS:

REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1963, ADDRESSED TO THE HONORABLE JOHN F. KENNEDY, PRESIDENT OF THE UNITED STATES, A COPY OF WHICH YOU FORWARDED TO THIS OFFICE. YOU STATE IN EFFECT THAT YOU HAVE BEEN INFORMED BY THE AIR FORCE CASUALTY OFFICE THAT BECAUSE OF A DECISION BY THIS OFFICE PAYMENT OF THE SIX MONTHS' DEATH GRATUITY IN THE CASE OF AIRMAN THIRD CLASS L. C. HAZARD, JR., COULD NOT BE PAID TO YOU AS DESIGNATED BENEFICIARY BECAUSE CONFLICTING CLAIMS THEREFOR HAD BEEN RECEIVED. YOU STATE THAT "I FAIL TO SEE WHY THE INVALID CLAIMS TO THESE TWO PARTIES SHOULD EFFECT THE VALIDITY OF MY CLAIM AS THE MOTHER OF THE DECEASED" AND THAT YOU "SEE NO REASON THAT THESE CLAIMS SHOULD PREVENT PAYMENT OF A LEGAL CLAIM.' YOU ASK THAT THIS DECISION BE SET ASIDE AND A DECISION BE MADE IN YOUR BEHALF AS THE BENEFICIARY OF THE PAY IN QUESTION.

THE DECISION REFERRED TO WAS B-150614, DATED MARCH 5, 1963, TO MAJOR J. J. VANYA, FINANCE OFFICER, UNITED STATES AIR FORCE, IN RESPONSE TO AN OFFICIAL REQUEST FOR DETERMINATION OF THE PROPER PAYEE OF THE SIX MONTHS' DEATH GRATUITY IN THE CASE OF DECEASED AIRMAN THIRD CLASS L. C. HAZARD, JR., AF 19700669. THE REQUEST WAS MADE BECAUSE TWO CLAIMS HAD BEEN RECEIVED, ONE FROM YOU AS DESIGNATED BENEFICIARY, THE OTHER FROM MRS. SEDALIA JORDAN, THE GRANDMOTHER OF AN ALLEGED ILLEGITIMATE CHILD OF THE AIRMAN. WE WERE ALSO ADVISED BY THE VETERANS ADMINISTRATION THAT STILL ANOTHER PERSON CLAIMS TO HAVE BORNE A SON WHO IS ALLEGED TO HAVE BEEN FATHERED AND ACKNOWLEDGED BY THE DECEDENT.

SECTION 1477, TITLE 10, U.S. CODE, PROVIDES IN PERTINENT PART AS FOLLOWS:

"/A) A DEATH GRATUITY * * * SHALL BE PAID TO OR FOR THE LIVING SURVIVOR HIGHEST ON THE FOLLOWING LIST:

"/1) HIS SURVIVING SPOUSE.

"/2) HIS CHILDREN, AS PRESCRIBED BY SUBSECTION (B) IN EQUAL SHARES.

"/3) IF DESIGNATED BY HIM, ANY ONE OR MORE OF THE FOLLOWING PERSONS:

"/A) HIS PARENTS OR PERSONS IN LOCO PARENTIS, AS PRESCRIBED BY SUBSECTION (C).

"/B) SUBSECTION (A) (2) APPLIES, WITHOUT REGARD TO AGE OR MARITAL STATUS, TO---

"/5) ILLEGITIMATE CHILDREN OF A MALE DECEDENT---

"/A) WHO HAVE BEEN ACKNOWLEDGED IN WRITING SIGNED BY THE DECEDENT;

"/B) WHO HAVE BEEN JUDICIALLY DETERMINED, BEFORE THE DECEDENT'S DEATH, TO BE HIS CHILDREN;

"/C) WHO HAVE BEEN OTHERWISE PROVED, BY EVIDENCE SATISFACTORY TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, TO BE CHILDREN OF THE DECEDENT; OR

"/D) TO WHOSE SUPPORT THE DECEDENT HAD BEEN JUDICIALLY ORDERED TO CONTRIBUTE.'

IT WILL BE SEEN THAT SECTION 1477, TITLE 10, U.S. CODE, PROVIDING FOR THE PAYMENT OF A DEATH GRATUITY, PLACES A PARENT, EVEN THOUGH DESIGNATED AS BENEFICIARY, THIRD IN THE ORDER OF PRECEDENCE OF ELIGIBLE SURVIVORS. THE SURVIVING SPOUSE AND CHILDREN OF THE DECEASED ARE PLACED FIRST AND SECOND, RESPECTIVELY, IN THE ORDER OF PRECEDENCE FOR THE RECEIPT OF THIS GRATUITY.

WHILE THE DECEDENT IN THIS CASE IS NOT SURVIVED BY A WIDOW, THERE IS INFORMATION INDICATING THAT THE DECEDENT MAY BE SURVIVED BY A CHILD WHO, IF ITS RELATIONSHIP IS ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE ABOVE-QUOTED LAW, IS ENTITLED TO PAYMENT OF THE GRATUITY IN PREFERENCE TO A PARENT DESIGNATED AS BENEFICIARY.

THE GRATUITY CANNOT BE PAID TO YOU IN VIEW OF THE FACT THAT THERE MAY BE ANOTHER BENEFICIARY ENTITLED THERETO IN PREFERENCE TO YOU, AND PAYMENT CANNOT BE MADE TO A CHILD IN THE ABSENCE OF EVIDENCE ESTABLISHING A RIGHT TO RECEIVE THE GRATUITY AS A CHILD OF THE DECEDENT. ON THE PRESENT RECORD AND IN THE ABSENCE OF ADDITIONAL EVIDENCE AS TO THE STATUS OF THE CHILDREN INVOLVED, NO PAYMENT OF THE GRATUITY CAN BE MADE.