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(In Re:)Tj
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([Redacted])Tj
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(Claimant)Tj
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(Claims Case No. 96070225)Tj
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(CLAIMS APPEALS BOARD DECISION)Tj
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(DIGEST)Tj
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T*
(A widow was given erroneous information regarding her eligibility for a \
Reserve Component )Tj
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(Survivor Benefit Plan)Tj
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(\(SBP\) Annuity at the time of the member's death. )Tj
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(Based on the information )Tj
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(that she was ineligible for an annuity until)Tj
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(she reached age 60, the widow did not file a claim for )Tj
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(SBP Annuity until almost eight years after the member's death. )Tj
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(In)Tj
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(view of the bar against similar )Tj
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(SBP claims by the United States Court of Appeals and the General Account\
ing Office,)Tj
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(we find no )Tj
(legal basis upon which this claim may be paid, thus it is barred under 3\
1 U.S.C. 3702 \(b\).)Tj
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(DECISION)Tj
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T*
([Redacted], )Tj
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(appeals the United States General Accounting Office's \(GAO\) Settlement\
)Tj
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(Certificate Z-2870021, dated June)Tj
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(4, 1996, which denied her claim for an annuity under the )Tj
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(Reserve Component Survivor Benefit Plan \(RC-SBP\))Tj
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(established for her by her late husband, a )Tj
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(Sergeant who retired from the Army National Guard in 1984. )Tj
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(Pursuant to)Tj
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(Public Law No. 104-53, )Tj
(November 19, 1995, effective June 30, 1996, the authority of GAO to adju\
dicate claims such as)Tj
0 -1.125 TD
(this )Tj
(one was transferred to the Director, Office of Management and Budget, wh\
o delegated this authority )Tj
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(to the)Tj
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(Department of Defense.)Tj
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(Background)Tj
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(The retired member and his wife were married on February 9, 1959, in Mis\
sissippi. )Tj
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(The member )Tj
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(was a Sergeant First)Tj
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(Class with the Mississippi Army National Guard. )Tj
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(On September 9, 1979, the )Tj
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(member elected RC-SBP, spouse only)Tj
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(coverage under Option C \(see below\), an immediate annuity )Tj
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(to be paid to his spouse, regardless of his age at the time of)Tj
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(his death. )Tj
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(The member retired on April )Tj
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(17, 1984, after 28 years of service.)Tj
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(The member died in a traffic accident on June 5, 1987, at the age of 47.\
)Tj
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(Shortly after his death, his )Tj
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(nephew made)Tj
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(inquiries on behalf of the claimant. )Tj
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(The nephew states that he was informed that the )Tj
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(claimant would not be eligible to)Tj
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(receive SBP benefits until she reached age 62. )Tj
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(The file contains a )Tj
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(statement from the unit clerk who acknowledges that)Tj
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(he gave incorrect information to the claimant )Tj
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(regarding her SBP benefit. )Tj
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(Due to his inexperience at the time of her)Tj
-29.212 -1.125 Td
(initial inquiry, he states that he )Tj
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(told the claimant that she could not receive benefits until she reached \
60 years of age.)Tj
-12.581 -1.125 Td
(The unit clerk )Tj
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(states that the claimant gave him a copy of the member's death certifica\
te and that he placed it in the)Tj
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(unit's historical file. )Tj
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(Based on the erroneous information, the claimant did not immediately pur\
sue )Tj
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(her claim for benefits.)Tj
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(On May 26, 1995, the claimant filed a written claim for the RC-SBP annui\
ty. )Tj
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(Since the claim was )Tj
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(filed more than six)Tj
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(years after the member's death, it was denied. )Tj
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(The claim was then submitted to )Tj
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(GAO. )Tj
(In a Settlement Certificate, dated)Tj
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(June 4, 1996, GAO denied the claim, finding that the claim )Tj
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(was barred by the statute of limitation. )Tj
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(The settlement)Tj
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(certificate noted that while the claimant's )Tj
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(actions were based on erroneous information provided by a clerk, it is a\
well)Tj
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(established rule that the )Tj
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(Government is not bound by the erroneous advice or actions of its office\
rs, employees or)Tj
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(agents, )Tj
(even if given or made in the course of their official duties. )Tj
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(The claimant appealed, and the )Tj
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(matter )Tj
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(was then)Tj
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(forwarded to this Office.)Tj
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(Discussion)Tj
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