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BOWEN: REFERENCE IS MADE TO YOUR LETTER OF APRIL 2. YOU REQUEST TO BE ADVISED AS TO WHETHER THERE IS A "TIME LIMIT ON THIS CASE" AND "IF THIS GIRL (REFERENCE PRESUMABLY BEING MADE TO YOUR LATE SON'S WIFE) SHOULD SIGN A WAIVER WOULD THAT CLEAR THINGS UP.$" A SUIT BASED ON ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE UNITED STATES MUST BE INSTITUTED WITHIN SIX YEARS AFTER THE CLAIM SUED UPON FIRST ACCRUED. AS TO THE POSSIBLE WAIVER BY YOUR LATE SON'S DIVORCED WIFE OF ANY CLAIM SHE MAY HAVE IN THIS CASE. IT HAS BEEN NOTED THAT YOU HAVE BEEN FURNISHED A COPY OF OUR DECISION OF DECEMBER 9. FINANCE OFFICER IN WHICH IT WAS HELD THAT IN THE ABSENCE OF A WIDOW. IT APPEARS THAT ANY ATTEMPTED WAIVER BY YOUR LATE SON'S DIVORCED WIFE WOULD NOT AFFECT ANY LEGAL RIGHT THE CHILD MAY HAVE TO CLAIM THE GRATUITY PAYABLE IN THIS CASE.

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B-134295, APR. 21, 1958

TO MRS. MILO C. BOWEN:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 2, 1958, RELATING TO YOUR CLAIM FOR PAYMENT OF SIX MONTHS' DEATH GRATUITY IN THE CASE OF YOUR LATE SON, RALPH EDWIN BOWEN, AIRMAN FIRST CLASS, AF 1944 3070. YOU REQUEST TO BE ADVISED AS TO WHETHER THERE IS A "TIME LIMIT ON THIS CASE" AND "IF THIS GIRL (REFERENCE PRESUMABLY BEING MADE TO YOUR LATE SON'S WIFE) SHOULD SIGN A WAIVER WOULD THAT CLEAR THINGS UP.$"

A SUIT BASED ON ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE UNITED STATES MUST BE INSTITUTED WITHIN SIX YEARS AFTER THE CLAIM SUED UPON FIRST ACCRUED. AS TO THE POSSIBLE WAIVER BY YOUR LATE SON'S DIVORCED WIFE OF ANY CLAIM SHE MAY HAVE IN THIS CASE, IT HAS BEEN NOTED THAT YOU HAVE BEEN FURNISHED A COPY OF OUR DECISION OF DECEMBER 9, 1957, B 134295, TO LIEUTENANT COLONEL C. W. GRIFFIN, FINANCE OFFICER IN WHICH IT WAS HELD THAT IN THE ABSENCE OF A WIDOW, THE DECEDENT'S POSTHUMOUS CHILD AND NOT HIS MOTHER WOULD BE ENTITLED TO THE DEATH GRATUITY BENEFITS, UNDER THE ACT OF DECEMBER 17, 1919, AS AMENDED, 10 U.S.C. 903, PROVIDING THAT THE DEATH GRATUITY SHALL BE PAID UPON THE DEATH OF ANY OFFICER OR ENLISTED MAN

"* * * TO THE WIDOW, AND IF THERE BE NO WIDOW TO THE CHILD OR CHILDREN, AND IF THERE BE NO WIDOW OR CHILD TO ANY OTHER DEPENDENT RELATIVE OF SUCH OFFICER OR ENLISTED MAN PREVIOUSLY DESIGNATED BY HIM * * *.'

IN VIEW OF THE CONCLUSION REACHED IN THE DECISION OF DECEMBER 9, 1957, AND SINCE THE CITED ACT CONTAINS NO PROVISION FOR WAIVER, IT APPEARS THAT ANY ATTEMPTED WAIVER BY YOUR LATE SON'S DIVORCED WIFE WOULD NOT AFFECT ANY LEGAL RIGHT THE CHILD MAY HAVE TO CLAIM THE GRATUITY PAYABLE IN THIS CASE.

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