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B-184678 1 (1976-08-18)

handle is hein.gao/gaobaddhl0001 and id is 1 raw text is: 4, STHE COMPTROLLER 0-ENEPAL DECI91 N i. OF THE UNITED~ STATLES -~ ,« WASHINGTON, 0. C. 20548 FILE:. ~ ~ -.- 1> 47 AE: AG1817 MATTER OF: ,Pccalit P-r,-)ndC. -falosUSA Specialist ~ ~ ~ ~ C FCy'~n Co!atoU 0 1nnu1ity for chlildren. only inkclicatirs (-,, elc,!.tion certificate th~at hie vas clivorcc!-, vl. - tn in fact lie vaq not divorce. Since. rotuiti-t-1nding. departrental re,ulations to the contrary, member who has a spouse *:Iy not le.-ally elect Sj'? annuity for children and encludelo -,Dcjs0 (r-177471, January 19~, l 73), such C-1ction in -this case ivill be2 conr3!.u'rc.1 tri eltection of annuity for wife il t -c aiJdren, since clearly rle::ucibr intcn6ed to pzrti'cj-ate in S? 2. Whoe '-1h.r ca ioc! an Survi!vor Benefit ?1~n $,~)~l ctio Cc riic'ILC that hfe v'as divorced (%4o-i In- f zct lpe va i ot), c '71tion w;pl.3aced on co' r~1 o 1 Ji officer to ctiro fron rlettcrY rcrv~.c-a rroorf.s v-1,cticr t£-2re was evidenc to cast tdoz..h on, that reprcse-ntation. Since that v not flcno: arnd such evicic.nce was avaiable , '~~i''t to cbije.drewr erroncous anti Covar.-7 =t- li not receive i5,oo. acquittance. Aniysl-x-ld now~ be cstablishcd in favo'r of -ife but no recovery of erronicous payracnts to chIldren I- dh ~d o up~t Payment Ymade to wiAfn since children' s psynents were Tnado to wife as c-stodian. for: clhildrca for uhose support she was responsible anyway. This action is in r.eSTonSe to a letter edatcd June 21), 1975 (FICa4-T), from Lioeutenant Colonel1 -. J. 'Vithn ton, USA, Finance and lxcountin, Officer, 17ntcc! Statos Armiy Finance Support AgP:enCy, req~uesting~ an advanco decision re,7arding,. Pay- ment of bcenefits under the Survivor tt-nef it Flon (SBP) estnab- lished by the act of SepteTJber 21, 1-172, Fub-lic Law 92-425, 86 Stat. 706, 1'D U.S.C. V-,47-14,55 (Sup-2. II, IS-72), in the case of Specialist Sixth Class RayTi-ond C. -altos, !;SA, 466- 42-1190 retired (deceaset!). The rec ejst %,as assigned Control 1Vo. 1DO-A-124r) by the Department of Lefense 1Military Pay and Allowance Comt'ittee.

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