Holt v. United States

OPINION

BASKIR, Judge.

Plaintiff, Shirley Holt, claims survivor benefits associated with her deceased former husband’s military retirement. Plaintiff alleges that she is the legitimate beneficiary of annuities authorized by the Survivor Benefit Plan (SBP), 10 U.S.C. §§ 1447-1455 (2005). Invoking our jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a)(1), she requests that we order the correction of Mr. Holt’s Naval records to reflect her entitlement to these benefits.

The Defendant moved, in the alternative, for a dismissal for failure to state a claim upon which relief can be granted, under…