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B-233351 1 (1989-07-27)

handle is hein.gao/gaobadnne0001 and id is 1 raw text is: i-t II r-t,(_ ~uThe Comptrolier General of the United States Whngton, D.C. 20548 Decision Widow's Claim for Unpaid Retired Pay and Survivor Matterof- Benefit Plan Annuity File: B-233351 Date: July 27, 1989 DIGEST Widow of a retired Army member claims entitlement to an annuity under the Survivor Benefit Plan and unpaid retired pay due at the time of his death. In connection with his death, she entered a plea of guilty to involuntary manslaughter but was not adjudged guilty, instead entering the state's first offender program. The claim, based on the argument that the widow was temporarily insane at the time of the incident, is disallowed because the record does not reasonably demonstrate the absence of felonious intent in light of the guilty plea and the absence of any fact-finding proceedings establishing that the killing was accidental, in self-defense or otherwise justifiable. DECISION This decision is in response to an appeal by a retired Army officer's widow challenging our Claims Group's denial of her claim for unpaid retired pay and an annuity under the Survivor Benefit Plan (SBP) as the designated beneficiary and surviving spouse. The claimant had shot her husband and, on the basis that she should not benefit from that act, our Claims Group found that the Army properly had made payments to the deceased's children. The basis for appeal is the contention that the claimant was temporarily insane at the time of the incident. We find that the Claims Group's decision was proper. BACKGROUND The claimant and the decedent were first married in April 1952, but that marriage ended in divorce in 1978. They were remarried on January 2, 1982. On September 19, 1982, at their home in Duluth, Georgia, the claimant shot her husband in the chest causing his death. A psychiatric report in the record, based on evaluations of both the

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