Part CHAPTER III-CLAIMS AND ACCOUNTS 303 Gratuity upon death. [Revised] 304 Military court fees. [Amended] 306 Claims against the United States. [Amended] 303.4 303.5 303.6 303.7 Classes of beneficiaries. AUTHORITY: §§ 303.1 to 303.7, inclusive, issued under 41 Stat. 367, 42 Stat. 1385, 44 Stat. 796; 10 U.S.C. 546, 903. SOURCE: $ 303.1 to 303.7, inclusive, contained in AR 35-1540 and 35-1545, Secretary of War, Apr. 19, 1945, 10 F.R. 5713. § 303.1 Computation of amount of death gratuity. The amount of the death gratuity due the beneficiary of an officer or enlisted person includes the compensation of every kind and character received by such officer or enlisted person at the date of his death and is distinguished from allowances. § 303.2 Six months' death gratuity exempt from indebtedness. The amount of the six months' pay cannot be used for the debts of the officer or enlisted man, not even for overpayments. § 303.3 Payment—(a) Beneficiaries. (1) Payments of the six months' gratuity pay may be made to beneficiaries in the order indicated below: (i) If there be a widow (widower), payment will be made to such person only. (ii) If there be no widow (widower), payment will be made to the child or children, if there are any entitled to payment. (iii) If there be no widow (widower) or child, payment will be made to the dependent relative previously designated by the deceased as his beneficiary to whom the gratuity is to be paid. The classes of relatives who may properly be Part 307 Claims on behalf of the United States. [Amended] 308 Allotments of pay. [Amended] designated as beneficiaries are stated in § 303.4. (2) Payment of six months' gratuity pay may not be made to: (i) Any married child or unmarried child over twenty-one years of age of a deceased officer or enlisted man who is not actually a dependent of such deceased officer or enlisted man. Payment may not be made to any married child, notwithstanding the allegation of dependency on the deceased officer or enlisted man. (ii) A person who takes the life of another, whether or not the act be punished by the State or other civil authority concerned. (3) If the deceased person had designated two beneficiaries to receive the six months' death gratuity payment and the claim of the first designated beneficiary has been disapproved because the evidence submitted did not clearly establish dependency upon him for support, or otherwise an insurable interest in him, the claim of the second designated beneficiary may not be considered unless the first beneficiary-who may desire to submit additional evidence tending to show dependency-has relinquished the right to claim the gratuity payment. (4) If there be no widow (widower), child, or previously designated beneficiary, the Director, Office of Special Settlement Accounts, 27 Pine Street, New York 5, New York, will determine dependency in accordance with approved policies and regulations. (b) Evidence. (1) The evidence required to establish the right, under the law, of any person to receive payment of the six months' gratuity is set forth for the different classes of beneficiaries in figure 1. (2) No affirmative showing of dependency is required in making payments of six months' death gratuity pay A waiver by the lawful widow (widower) of a deceased person of her (his) statutory right to the six months' death gratuity pay authorized by the act of 17 December 1919, as amended, is without force or effect, and does not operate to entitle the mother of the deceased, his designated beneficiary, to payment of the gratuity. The fact, if it be a fact, that the widow (widower) or child (children), as the case may be, was designated as beneficiary, will in itself be regarded ordinarily as sufficient to establish the identity of the payee. Where a payment is to be made to a widow (widower) not previously designated as beneficiary, affidavits from two disinterested persons, not related by blood, attesting to the following facts will be obtained and filed with the voucher: The length of time they have known the widow (widower), that they have known her (him) to be the lawful wife (husband) of the deceased person at the time of his (her) death and that to the best of their knowledge and belief no divorce has been granted. Where payment is to be made to a child (children) not previously designated, affidavits from two disinterested persons, not related by blood, attesting to the following facts will be obtained and filed with the voucher: That they knew the deceased person, knew the mother (father) and know that the child (children) is (are) the legitimate child (children) of the deceased person, and know that the deceased person was not survived by a lawful widow (widower) at the time of his (her) death and that the child (children) is (are) the only living child (children) of the deceased person. (c) By whom payment made—(1) Beneficiaries residing within the continental limits of United States, exclusive of Alaska. Payments of the six months' gratuity pay to beneficiaries residing within the continental limits of the United States exclusive of Alaska, will be made by the disbursing officer at Office of Special Settlement Accounts, 27 Pine Street. New York 5, New York. § 303.4 Classes of beneficiaries. NOTE: 303.4 (10 CFR, 1944 Supp., 303.4) was retained without change in the revision of this part. § 303.5 Will not a designation. A will is not a designation within the meaning of the act providing the six months' gratuity pay, as that gratuity is not a debt or money due the officer or enlisted person and cannot become a part of his estate. § 303.6 Settlement of accounts. All claims for settlement of arrears of pay of deceased Army personnel will be processed through the Office of Special Settlement Accounts to the Claims Division of the General Accounting Office, Washington 25, D. C., the latter office having jurisdiction in the settlement of such accounts under the provisions of the act of 10 June 1921 (42 Stat. 24) and AR 35– 730.1 1 Decisions of the Comptroller General and Settlement of Claims by or against the United States. 306.15 Contributory negligence. [Amended] 306.17 Claims of or pertaining to military personnel or civilian employees. [Amended] 306.27 Claims of military personnel and civilian employees for property damaged, lost, destroyed, captured, or abandoned in the service. [Revised] PAYMENT OF DISCHARGED OR SEPARATED MILITARY PERSONNEL [REVOKED] 306.70 Claims for items of pay and allowances remaining due and unpaid subsequent to discharge and final payment. AUTHORITY: §§ 306.1 to 306.70, appearing in this Supplement, issued under R.S. 161; 5 U.S.C. 22. Additional authority is noted in parentheses following sections affected. § 306.1 Definition. The word "claims" as used in these regulations refers to those demands for payment submitted by individuals, partnerships, associations, or corporations, including coun tries, and states, territories, and other political subdivisions of such countries, but excluding the Federal Government of the United States and its instrumentalities, other than such demands for payment as arise under ordinary obligations incurred by the War Department or the Army in the procurement of services or supplies. As to claims in favor of the United States, see §§ 307.3 to 307.5 inclusive. [AR 25-20, May 29, 1945, 10 F.R. 12187] § 306.2 Government immunity. Congress has adhered generally to the principle that except as the claim arises under a contract, or not being under a contract is within the classes of cases hereinafter enumerated, no person may have a legally enforceable claim against the United States for property damage or personal injury arising out of activities of the War Department or of the Army. Accordingly, in other cases it is necessary for a claimant who seeks relief to ask Congress to grant him compensation as an act of grace. [AR 25-20, May 29, 1945, 10 F.R. 12187] § 306.4 Statutory authority of the War Department and the Army. * * (d) Claims of military personnel and civilian employees for property damaged, lost, destroyed, captured, or abandoned in the service. The act of May 29, 1945 (59 Stat. 225; sec. III, WD Bul. 9, 1945) provides for the payment of claims, arising on or after December 7, 1939, of military personnel and of civilian employees of the War Department or of the Army for damage to or loss, destruction, capture, or abandonment of personal property occurring incident to their service. CODIFICATION: In § 306.4, the citation of statutory authority immediately following the section head note and preceding the word "provides" was amended to read as set forth above, and paragraph (d) was added, by AR 25-20, May 29, 1945, 10 F.R. 12187. § 306.5 Application of regulations. The following chart will govern in determining which sections in this part have application to any claim: |