REYNOLDS, Chief Justice.
Dissolving the marriage of Kenneth Marshall Grant and Bonnie F. Grant on 9 April 1981, the trial court ordered the division of community property the parties agreed upon in open court. The division includes an award to Bonnie of thirty-five (35%) percent of Kenneth's military nondisability retirement pay.
Timely appealing, Kenneth contends that under the 26 June 1981 decision in McCarty v. McCarty,
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