Parsons v. United States, No. 357-80C.

CourtCourt of Federal Claims
Writing for the CourtWalter G. Metcalfe, Cayce, S. C., for plaintiff
Citation670 F.2d 164
Docket NumberNo. 357-80C.
Decision Date27 January 1982
PartiesBurl F. PARSONS v. The UNITED STATES.

670 F.2d 164

Burl F. PARSONS
v.
The UNITED STATES.

No. 357-80C.

United States Court of Claims.

January 27, 1982.


Walter G. Metcalfe, Cayce, S. C., for plaintiff.

Stephanie Wickouski, with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant.

670 F.2d 165

Before DAVIS, Judge, SKELTON, Senior Judge, and KASHIWA, Judge.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

SKELTON, Senior Judge:

This case comes before the court on cross-motions for summary judgment. The plaintiff, Burl F. Parsons, is the widow of Lieutenant Colonel Clyde C. Parsons, USAF (Ret.). She seeks the recovery of annuity benefits since August 22, 1973, under the Retired Serviceman's Family Protection Plan (RSFPP, or the plan, formerly titled the Uniformed Services Contingency Option Act or USCOA), 10 U.S.C. §§ 1431-1446. The facts are briefly as follows.

On November 12, 1957, while plaintiff's husband, Major Clyde C. Parsons (Parsons), was serving on active duty in the United States Air Force, he made an election under the USCOA to participate in a plan which would give him a reduced annuity upon his retirement so as to allow a continuing annuity to his widow upon his death. Parsons retired from the Air Force with the rank of lieutenant colonel on June 30, 1962. He received retired pay according to applicable statutes and regulations from that date until his death on August 22, 1973.

Prior to his retirement, Parsons filed an application on November 8, 1961, seeking to revoke his previous election to participate in the RSFPP. At that time the election to receive a reduced annuity to permit a continuing annuity to a surviving spouse was irrevocable under the statute, and, therefore, his application was denied. On August 13, 1968, the RSFPP was amended by Section 1(6) of Public Law 90-485, 82 Stat. 751, 10 U.S.C. § 1436(b), to permit a retired member to revoke a prior election and to withdraw from the reduced annuity program if he desired to do so.

The records of the Air Force Accounting and Finance Center reflect that on September 27, 1971, the Secretary of the Air Force approved a recommendation that a request of Parsons to withdraw from participation in the RSFPP be granted, such approval to be effective February 1, 1972. The actual written request of Parsons to withdraw from the RSFPP in 1971 cannot be located, although the Air Force produced his withdrawal application of 1961. The record shows that the 1971 application was routinely destroyed along with other papers by the Air Force in 1973.

A statement of Lt. Col. Jerry L. Walker, the Director of the Directorate of Retired Pay Operations, Air Force Accounting and Finance Center (AFAFC) in Denver, Colorado, who was the custodian of the retired pay files of all retired Air Force members including the file of Parsons, was introduced into evidence. This statement shows that Parsons was notified of the approval by the Secretary of the Air Force of his request for withdrawal from the RSFPP and the consequent adjustment of his pay account eliminating the RSFPP deduction, and that his pay records do not reflect the receipt of any comment or objection from Parsons regarding such action.

The written approval of the Secretary of the Air Force of Parsons' application to withdraw from the plan was introduced into evidence. It is dated September 27, 1971, to be effective February 1,...

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29 practice notes
  • Part II
    • United States
    • Federal Register May 22, 2008
    • 22 Mayo 2008
    ...and governing regulations.'' Haley v. Department of the Treasury, 977 F.2d 553, 558 (Fed. Cir. 1992) (quoting Parsons v. United States, 670 F.2d 164, 166 (Ct. Cl. 1982)), cert. denied, U.S. 950 (1993). See also Assoc. of Nat'l Advertisers v. FTC, 627 F.2d 1151, 1170 (D.C. Cir. 1979) (agency......
  • NEC Corp. v. U.S., No. 98-1020
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 7 Agosto 1998
    ...or naivete, but on a shared expectation of how the Government will conduct itself. See, e.g., Parsons v. United States, 229 Ct.Cl. 335, 670 F.2d 164, 166 (1982) ("It is well established that there is a presumption that public officers perform their duties correctly, fairly, in good fai......
  • United States v. Int'l Fid. Ins. Co., Slip Op. 17–136
    • United States
    • U.S. Court of International Trade
    • 5 Octubre 2017
    ...their duties correctly, fairly, in good faith, and in accordance with law and governing regulations." Parsons v. United States, 670 F.2d 164, 166 (Ct. Cl. 1982). "This presumption stands unless there is irrefragable proof to the contrary." Alaska Airlines, Inc. v. Johnson, 8 ......
  • Hontex Enterprises, Inc. v. U.S., SLIP OP. 03-17.
    • United States
    • U.S. Court of International Trade
    • 13 Febrero 2003
    ...that [a party] is due a fair and honest process. ..." NEC IV, 151 F.3d at 1371 (citing Parsons v. United States, 229 Ct.Cl. 335, 670 F.2d 164, 166 (1982); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 Thus, whatever the source, NNL was entitled......
  • Request a trial to view additional results
28 cases
  • NEC Corp. v. U.S., No. 98-1020
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 7 Agosto 1998
    ...or naivete, but on a shared expectation of how the Government will conduct itself. See, e.g., Parsons v. United States, 229 Ct.Cl. 335, 670 F.2d 164, 166 (1982) ("It is well established that there is a presumption that public officers perform their duties correctly, fairly, in good fai......
  • United States v. Int'l Fid. Ins. Co., Slip Op. 17–136
    • United States
    • U.S. Court of International Trade
    • 5 Octubre 2017
    ...their duties correctly, fairly, in good faith, and in accordance with law and governing regulations." Parsons v. United States, 670 F.2d 164, 166 (Ct. Cl. 1982). "This presumption stands unless there is irrefragable proof to the contrary." Alaska Airlines, Inc. v. Johnson, 8 ......
  • Hontex Enterprises, Inc. v. U.S., SLIP OP. 03-17.
    • United States
    • U.S. Court of International Trade
    • 13 Febrero 2003
    ...that [a party] is due a fair and honest process. ..." NEC IV, 151 F.3d at 1371 (citing Parsons v. United States, 229 Ct.Cl. 335, 670 F.2d 164, 166 (1982); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 Thus, whatever the source, NNL was entitled......
  • Decca Hospitality Furnishings, LLC v. U.S., Slip Op. 05-100.
    • United States
    • U.S. Court of International Trade
    • 23 Agosto 2005
    ...why a party should have felt any need to canvass through Commerce's prior determinations. Cf. Parsons v. United States, 229 Ct.Cl. 335, 670 F.2d 164, 166 (1982) ("It is Page 1312 established that there is a presumption that public officers perform their duties correctly, fairly, in goo......
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