The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
RITA M. PEARSON, :
: Case No. 2:20-cv-00154
Plaintiff,
: JUDGE ALGENON L. MARBLEY
v. :
: Magistrate Judge Deavers
BARBARA M. BARRETT, :
Secretary of the Air Force, :
Defendant.
ORDER
This matter is before the Court on Defendant Barbara M. Barrett’s Unopposed Motion to
Remand this case to the Air Force Board for the Correction of Military Records. Doc. 19. The
Sixth Circuit has instructed that “when an agency seeks a remand to take further action consistent
with correct legal standards, courts should permit such a remand in the absence of apparent or
clearly articulated countervailing reasons.” Citizens Against Pellissippi Parkway Extension, Inc.
v. Mineta, 375 F.3d 412, 416 (6th Cir. 2004). On remand, the Air Force Board for the Correction
of Military Records will determine whether the Air Force notified Plaintiff Rita M. Pearson, in
compliance with 10 U.S.C. §§ 1448 and 1455, that her late husband failed to elect participation in
the Reserve Component Survivor Benefit Plan at the maximum level. There have been no
countervailing reasons presented for the denial of remand. Accordingly, the Court GRANTS
Defendants’ Unopposed Motion to Remand [#19].
IT IS SO ORDERED.
]
/s/ Algenon L. Marbley
ALGENON L. MARBLEY
CHIEF UNITED STATES DISTRICT JUDGE
DATED: June 17, 2020