Jose David Luna v. The United States

ARCHER, Circuit Judge.

DECISION

Jose David Luna appeals from a grant by the United States Claims Court, Docket No. 61-81C, of summary judgment against him and in favor of the United States. We affirm.

Background

This case concerns the Air Force’s disposition of the military pay and allowances of Lieutenant Colonel Jose David Luna (LTC Luna). The following facts are undisputed.

LTC Luna, a member of the U.S. Air Force, was shot down on March 10, 1967, while flying a combat mission over North Vietnam. Prior to that date, he had executed Air Force (AF) Form 246, designating his wife, Pearl Saunders…