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(April 22, 1997)Tj
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(In Re:)Tj
T*
([Redacted])Tj
T*
(Claimant)Tj
T*
(Claims Case No. 96110703)Tj
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(CLAIMS APPEALS BOARD DECISION)Tj
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(DIGEST)Tj
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(A retired Air Force member was under court order to provide a Survivor B\
enefit Plan \(SBP\) annuity )Tj
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(for his former)Tj
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(spouse. )Tj
(He attempted to do so, but the election form he submitted lacked her )Tj
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(signature. )Tj
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(Due to apparent administrative)Tj
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(error, the member's second wife \(now his widow\) was )Tj
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(established as his SBP beneficiary and began receiving an SBP)Tj
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(annuity upon his death. )Tj
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(When the )Tj
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(member's former spouse filed a claim for an SBP annuity with the Comptro\
ller)Tj
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(General, the )Tj
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(Comptroller General pointed out the administrative errors and referred t\
he matter to the Secretary of )Tj
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(the Air)Tj
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(Force for correction under 10 U.S.C. )Tj
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(1454. )Tj
(The Secretary established the former spouse as )Tj
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(the proper beneficiary and)Tj
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(waived collection under 10 U.S.C. )Tj
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(1453 of amounts already paid to the )Tj
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(widow. )Tj
(Review indicates that the Comptroller)Tj
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(General's decision is without error, and the widow's )Tj
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(claim for reinstatement of an SBP annuity is denied.)Tj
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(DECISION)Tj
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(This is in response to a claim for reinstatement of a Survivor Benefit P\
lan \(SBP\) annuity by the )Tj
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(widow of a retired Air)Tj
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(Force member. )Tj
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(Based on the member's service, the widow received an SBP )Tj
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(annuity from his death in December 1994)Tj
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(through August 31, 1996. )Tj
(Following the issuance of )Tj
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(Comptroller General decision B-270502, May 24, 1996, the Air)Tj
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(Force determined that the member's )Tj
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(former spouse, rather than his widow, was entitled to the SBP annuity.)Tj
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( The)Tj
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(widow requested that )Tj
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(the Comptroller General reconsider decision B-270502 and reinstate her S\
BP annuity. )Tj
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(She)Tj
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(objected )Tj
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(to the procedures used by the Comptroller General to reach his decision.\
)Tj
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(Her claim was transferred )Tj
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(to this)Tj
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(Office without action pursuant to Public Law No. 104-316, October 19, 19\
96. )Tj
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(Section 3702 )Tj
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(of title 31 of the United)Tj
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(States Code, which provides for the settlement of claims against the Uni\
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(States, was amended by that law to provide)Tj
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(that the Secretary of Defense shall settle claims )Tj
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(involving uniformed service members' pay, allowances, travel,)Tj
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(transportation, retired pay, and )Tj
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(survivor's benefits. )Tj
(The Secretary further delegated that authority to this Office.)Tj
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( the member and his former spouse were married in 1945. )Tj
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(In )Tj
(1973 he retired from)Tj
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(the Air Force and elected SBP coverage for her as his spouse. )Tj
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(They were )Tj
(divorced on January 2, 1988. )Tj
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(As part of the)Tj
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(property settlement agreement they executed in October )Tj
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(1987 in anticipation of the divorce, she was to receive one half)Tj
-22.685 -1.125 Td
(of the community amount of his Air )Tj
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(Force retired pay, and she was to continue to be maintained as his benef\
iciary under)Tj
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(the SBP, for )Tj
(which they agreed to bear the cost jointly. )Tj
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(This property settlement was incorporated into the )Tj
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(divorce)Tj
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(decree.)Tj
T*
(On January 16, 1988, the member remarried. )Tj
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(In December 1988, he submitted the proper form to )Tj
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(the Air Force)Tj
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(Accounting and Finance Center to elect former spouse coverage under the \
SBP in )Tj
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(accordance with the divorce decree.)Tj
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(This was necessary because his former spouse no longer )Tj
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(qualified for SBP spouse coverage. )Tj
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(On the form the member)Tj
-37.129 -1.125 Td
(submitted, he listed his former spouse )Tj
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(as his beneficiary and checked the block indicating that the election wa\
s being)Tj
-15.415 -1.125 Td
(made pursuant to a )Tj
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(court order. )Tj
(However, the space provided for the former spouse's signature was left b\
lank. )Tj
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(The )Tj
(form)Tj
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(was accepted by the Air Force and retained on file, apparently without a\
ny official notification )Tj
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(to either the member or)Tj
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(his former spouse that the required signature of the former spouse had n\
ot )Tj
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(been provided.)Tj
-29.797 -2.125 Td
(In May 1989, the member wrote to the finance center to elect SBP coverag\
e for his second wife. )Tj
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(He )Tj
(explained that he)Tj
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