Woll v. United States

ORDER

MILLER, Judge.

This matter is before the court after argument on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted, RCFC 12(b)(4), and the parties’ cross-motions for judgment on the administrative record. The issue to be decided is whether plaintiff, as a former spouse of a retired United States Army major, is entitled to receive benefits from the Army’s Survivor Benefit Plan (the “SBP”).

FACTS

Mary C. Woll (“plaintiff’) and then-Major Roger L. Woll were married from December 30, 1967, until their divorce on April 5, 1990. On July 31, 1981, Major…