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B-194457 1 (1979-05-09)

handle is hein.gao/gaobaduyh0001 and id is 1 raw text is: 







        ;'ONCIIONSO                  THU8 USITUS STATUS
                                VWA SHs4fN Gt10 f    C C    *09CC11




  FtP:  S-1944S17                      DATE: V-,9,

  MAtYS-A OF      ctief petty offijcer, s
                 (hutret) (Deceased)

  OIGEST~ Attvj entry of a fintl decree of dlioc  owj
            I)xber 4, 1975, the wife alleges thlat eke-
            ea the husband iindtiately reseed msrital
            status ad wrav hutband -n wife under the
            c1mwo    a of Colorado whien husand died on
            hin-mbt 21, l97S. Wife, therefore, claim,
            antitilast to slurvivor benfits of the
            deceased bhsi which the Wavy dec lit to,
            pay On the bASis she w3s net the #ur~VingT
            spouse. While comm-ta ririag- -aftr
            divorce is possible ini Colortado, os re ord
            presented the exiistence, of a camm-tmv-
            aardasge in too dobtfvl to ato r
            paymat,

     Wly letter of Vebruary 16, 1979, the Dibrsn   OfceRtired
Pay RepArtutat, Wavy Financlie Cester, hasrqvs 4   nadac     dec4i-
slon as to 0ethe canl be cons it. d4 the surviving
wife of the late Chief Petty Officerll             i DSM  (te t ired)
           * for purposes of bein  paidj h'llis Irrears' is, ret fret pay
and a Survivor Rene, it Plan, smut, it Y  Thel re~ques wa asigned
Wb. 00--131 by the Deparrues t of  efeMilay Pay and Al lw-
ance Ca te

     4r.        die was retired' at the time the k vvrRsti
Plan was eteds, elected spus    overage,% mter the Plant for
                on  eteer14, llilti

     On lbveber , 1975,                and                wereI
tratedea final divorce by the. istric t C'ourt of Denver, Coloraido.
ft Roveser 21 , 1975, Mr.      died it) hoyTVr Colo~rado . Since%
the partles, were- granted a' Itint dtivorcei pr ior to Mrf. death,
Mrs.      would norual1 ly be prec ltited I(rte rceiig thei arrears of
pay (10 U.S.C. dil7(s!) ) or the annuity f(10 U.S'.C(. l4SO)(af a-% a ,Iur-
viving sptouse. Accordinigly, In the abseece, of avny u wad befofciary,
the Wavy ftiance Center rvuited the dcae'arar ifetired pay
to his four children and! ha~ refused to pay :r.      urvivopr lens-
fit Plan1 annuity.   rs      claim etitas       by at''pilly that
although 01'r and 74f.     we re dijvorce  on em r v r4 19$

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