[Response to Appeal of Claims Group's Denial of Navy Member's Widows' Claims for Unpaid Retired Pay]

A retired naval member's widow appealed the Claims Group's denial of her claim for unpaid military retired pay. GAO noted that the Claims Group denied: (1) the claim because a second claimant alleged that she was due payment for the benefits since she was married to the member at the time of his death; and (2) payment to both women since neither clearly established entitlement based on a marital relationship. GAO held that the member's first wife, the first claimant, was entitled to the unpaid military retired pay since the member had never divorced her. Accordingly, the member's first wife's claim was upheld.