B-107256, OCT. 2, 1957
Highlights
RETIRED: REFERENCE IS MADE TO LETTERS OF JULY 19 AND AUGUST 16. SINCE IT IS NOT OUR PRACTICE TO TAKE ACTION UPON A CLAIM WHICH IS THE SUBJECT OF LITIGATION PENDING IN THE COURT OF CLAIMS. WE WILL TAKE NO FURTHER ACTION ON YOUR CLAIM UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN COURT.
B-107256, OCT. 2, 1957
TO COLONEL JOHN H. AWTRY, USAR, RETIRED:
REFERENCE IS MADE TO LETTERS OF JULY 19 AND AUGUST 16, 1957, AND ENCLOSURES, FROM MR. RICE REQUESTING REVIEW OF OUR CLAIMS DIVISION SETTLEMENT DATED JUNE 24, 1957, DISALLOWING YOUR CLAIM FOR THE DIFFERENCE BETWEEN THE ACTIVE-DUTY PAY AUTHORIZED FOR A LIEUTENANT COLONEL AND THAT AUTHORIZED FOR A COLONEL FOR THE PERIOD FROM FEBRUARY 20, 1948, TO JANUARY 12, 1953.
ON AUGUST 29, 1957, YOU FILED PETITION NO. 420-57 IN THE UNITED STATES COURT OF CLAIMS SEEKING RECOVERY OF THE SAME ACTIVE-DUTY PAY AS THAT COVERED BY THE CLAIM WHICH YOU PRESENTED TO THIS OFFICE. SINCE IT IS NOT OUR PRACTICE TO TAKE ACTION UPON A CLAIM WHICH IS THE SUBJECT OF LITIGATION PENDING IN THE COURT OF CLAIMS, WE WILL TAKE NO FURTHER ACTION ON YOUR CLAIM UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN COURT.