B-186676, OCT 28, 1976

WHERE THE DECREE OF DIVORCE OF RETIRED ARMY MEMBER WAS SET ASIDE SUBSEQUENT TO THE MEMBER'S DEATH BY A COURT OF COMPETENT JURISDICTION BECAUSE OF FRAUD. THE MEMBER'S FORMER WIFE IS RESTORED AS HIS SPOUSE AT THE TIME OF HIS DEATH. SHE QUALIFIES AS THE WIDOW OF THE DECEASED MEMBER AND IS ENTITLED TO RECEIVE A SURVIVOR BENEFIT PLAN ANNUITY UNDER 10 U.S.C. 1450(A)(1) (SUPP. RETIRED (DECEASED): THIS ACTION IS IN RESPONSE TO LETTER DATED MAY 12. THAT REQUEST WAS ASSIGNED CONTROL NUMBER DO-A-1255 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE AND WAS FORWARDED TO THIS OFFICE BY OFFICE OF THE COMPTROLLER OF THE ARMY LETTER (DACA-FAF-M) DATED JUNE 8. THE RECORD SHOWS THAT THE MEMBER WAS RETIRED FROM THE ARMY EFFECTIVE JANUARY 31.