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B-215304 1 (1984-07-23)

handle is hein.gao/gaobadlun0001 and id is 1 raw text is: fTHE COMPTROLLER GENERAL OECISION . . OP THE UNITEO 8TATES WASHINGTON. 0. C. 20a48 FILE: B-215304 DATE: July 23, 1984 MATTER OF: Deceased Coast Guard Captain DIGEST: The wife of a deceased service member claims entitlement to an annuity under the Survivor Benefit Plan, where, in connec- tion with his death, she was tried by jury and acquitted of all criminal charges. The claim may be allowed because the acquittal is sufficient indication of lack of felonious intent, absent further judi- cial proceedings or unusual circumstances tending to show that the claimant acted with felonious intent. This action is in response to a request from a United States Coast Guard Certifying Officer for an advance deci- sion to establish entitlement to an annuity under the Survivor Benefit Plan, in the case of a re t-ired Coast Guard captain whose wife was implicated in his death.' We find that the annuity may be paid to the wife of the decedent since her acquittal of criminal charges and other informa- tion of record reasonably establish that she acted without felonious intent in the death of her husband. Background The record indicates that the captain was killed on February 27, 1983, by a stab wound in the chest inflicted during an altercation with his wife. She was charged with second-degree murder and was tried by a jury in the Circuit Court for Broward County, Florida, in December, 1983. She was acquitted of all charges in connection with the matter. Transcripts of testimony at the trial and other infor- mation of record indicate that earlier in the evening on the night of his death, the captain had physically beaten his wife. She stated that she secured a knife from their motor 1 The request was submitted by Mr. E. J. Rowe, Authorized Certifying Officer, U.S. Coast Guard, Washington, D.C. It was coordinated with the Department of Defense Military Pay and Allowance Committee which assigned it control number CG-ACO-1440.

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