[Claim for Restoration of Payment and Reimbursement of Withheld Military Retired Pay]

A retired Army officer claimed restoration of pay and reimbursement of military retired pay withheld under a state court order as community property in his divorce proceeding. The claimant argued that: (1) the Uniformed Services Former Spouses' Protection Act denied his right to due process and equal protection; (2) his retired pay was separate property and not eligible for lifelong division with his former spouse; and (3) the decree the state court issued was improper. GAO found that: (1) under certain conditions, state courts have the authority to treat military retired pay as the sole property of the retired service member or as the property of both the member and his spouse; (2) the claimant was directed to pay 38 percent of his military retired pay to his former spouse in order to satisfy their community property apportionment; (3) it would not consider the constitutionality of the act since it was a matter for the federal courts; and (4) the court order requiring payment to the former spouse was valid on its face and, therefore, the Army was obligated to apportion the retired pay of the claimant in accordance with the court decree. Accordingly, the claim was denied.