B-134355, DEC. 30, 1957

B-134355, DEC. 30, 1957

TO CHIEF, NATIONAL GUARD BUREAU, DEPARTMENTS OF THE ARMY AND THE AIR FORCE:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 7, 1957, WITH ENCLOSURES, REQUESTING A DECISION WHETHER LIEUTENANT WILLIAM E. GREEN, ALABAMA AIR NATIONAL GUARD, WAS, AT THE TIME OF HIS DEATH, INSURED BY THE UNITED STATES UNDER SECTION 2 OF THE ACT OF APRIL 25, 1951, AS AMENDED BY THE ACT OF AUGUST 24, 1954, 38 U.S.C. 851, SUPP. III (SERVICEMEN'S INDEMNITY ACT OF 1951).

IT APPEARS FROM THE ENCLOSURES WITH YOUR LETTER THAT THE INVESTIGATING OFFICER FOUND THAT LIEUTENANT GREEN'S DEATH IN AN AUTOMOBILE ACCIDENT OCCURRED IN LINE OF DUTY AND NOT DUE TO HIS OWN MISCONDUCT. ALTHOUGH THIS FINDING WAS APPROVED BY THE APPOINTING AND REVIEWING AUTHORITY, HEADQUARTERS, ALABAMA AIR NATIONAL GUARD, IT WAS SUBSEQUENTLY DISAPPROVED BY THE CHIEF, NATIONAL GUARD BUREAU, WHO FOUND THAT DEATH OCCURRED NOT IN LINE OF DUTY, NOT DUE TO HIS OWN MISCONDUCT. THIS LATTER FINDING WAS APPROVED BY ORDER OF THE SECRETARY OF THE AIR FORCE. IN ONE OF THE ENCLOSURES WITH YOUR LETTER IT IS STATED THAT THE VETERANS ADMINISTRATION HAS HELD THAT LIEUTENANT GREEN'S LIFE WAS NOT INSURED UNDER CITED PROVISIONS OF LAW.

IN VIEW OF THE PROVISIONS OF 38 U.S.C. 11A-2, THE DETERMINATION BY THE VETERANS ADMINISTRATION THAT LIEUTENANT GREEN WAS NOT INSURED, IS FINAL AND CONCLUSIVE AND IS NOT SUBJECT TO REVIEW BY US.

ACCORDINGLY, A DECISION MAY NOT BE RENDERED ON THE MATTER TO WHICH YOU REFER. THE ENCLOSURES WHICH ACCOMPANIED YOUR LETTER ARE RETURNED.