Entitlement to Reimbursement for Erroneous Allotment Payments

An Army member appealed a settlement denying his claim for reimbursement of allotment payments made to his wife after he requested that they be discontinued. The erroneous payments were made during a period just prior to his divorce and for a short while after the divorce. Since the member was not at fault for the continuance of the allotment payments and took all the necessary steps to discontinue the allotment, the member was not liable for the payments made after the divorce and was entitled to be reimbursed. The former spouse was liable for those payments and they should be collected from her. Accordingly, the prior decision was modified.