Patricia A. Davenport v. Office of Personnel Management

BRYSON, Circuit Judge.

Patricia A. Davenport appeals from a decision of the Merit Systems Protection Board (MSPB), Docket No. SE-0831-94-0211-I-1, which affirmed a decision of the Office of Personnel Management (OPM) awarding her 39.15% of her ex-husband’s survivor annuity. Because the MSPB’s decision was based on a misreading of the Qualified Domestic Relations Order at issue in this case, we reverse and remand.

I

Patricia Davenport was married to Rich-ard Davenport from December 2, 1967, until their divorce in June of 1986. The divorce is memorialized by a decree issued by a Washington state…