About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



B-196808 1 (1980-07-17)

handle is hein.gao/gaobadikp0001 and id is 1 raw text is: 




                        THE  COMPTPOLLER GENERAL
DECISION    7OF THE UNITED STATES
                        WASHINGTON, D C 20548



FILE: 8-19680                 DATE:    July 17, 190


MATTER  OF:


DIGEST:  (1)


The Reverend C. Jerome Huneycutt


A member of the Air Force designated
his father, who was not dependent
upon him for support, to receive an
allotment of all his pay and allow-
ances in case he became missing.
After the member became missing the
Secretary of the Air Force had
authority under the Missing Persons
provisions to change the allotment
to the father when he determined
it was in the interest of the
member to put pay and allowances
into the Uniformed Services Savings
Deposit Program rather than pay them
over to the father.


           (2) .The father of a member in a missing
                status is not entitled to the accrued
                pay and allowances, including amounts
                deposited in the Uniformed Services
                Savings Deposit Program (USSDP), when
                the member is determined to have been
                killed in action, even though he was
                designated to receive an allotment of
                100 percent of the member's pay and
                allowances if he went in a missing
                status, since the Secretary concerned
                has the authority under 37 U.S.C.
                551-558 -to discontinue such an allot-
                ment. The amounts accruing to mem-
                ber's account, including deposits
                in the USSDP are then distributed
                in accordance-with 10 U.S.C. 2771,
                in this case to the designated
                beneficiaries, his sisters.

     The issue is whether The Reverend C. Jerome Huneycutt
is entitled to receive pay and allowances due Major Charles J.
Huneycutt, Jr., his son, which were invested under 10 U.S.C.