B-161131, MAY 10, 1967

B-161131, MAY 10, 1967

TO MR. RAYMOND B. NIX:

IN YOUR LETTER DATED APRIL 22, 1967, CONCERNING YOUR CLAIM FOR AMOUNTS YOU ALLEGE TO BE DUE BECAUSE OF YOUR SEPARATION FROM THE NAVY ON MAY 23, 1928, YOU ASK FOR "ANY HELP THAT YOU COULD GIVE ME IN CHANNELLING MY CASE OR CLAIM TO THE PROPER DEPARTMENT, COURT, OR SUPREME COURT.'

AS WE ADVISED YOU IN OUR DECISION B-161131 OF APRIL 18, 1967, YOUR CLAIM FOR DAMAGES YOU SAY RESULTED FROM YOUR UNDESIRABLE DISCHARGE BY REASON OF UNFITNESS IS ONE SOUNDING IN TORT AND THIS OFFICE HAS NO AUTHORITY TO CONSIDER SUCH A CLAIM. WE ALSO ADVISED YOU THAT THE HEAD OF EACH FEDERAL AGENCY HAS CONCLUSIVE AUTHORITY OVER CERTAIN CLAIMS FOR MONEY DAMAGES OF $2,500 OR LESS AND THAT EXCLUSIVE JURISDICTION OVER CIVIL ACTIONS ON CLAIMS AGAINST THE UNITED STATES FOR MONEY DAMAGES IN EXCESS OF THAT AMOUNT IS VESTED IN THE UNITED STATES DISTRICT COURTS.

SINCE YOU APPEAR TO CLAIM IN EXCESS OF THE $2,500 LIMITATION MENTIONED ABOVE, WHICH WOULD BE APPLICABLE IN THE EVENT YOU ASKED THE SECRETARY OF THE NAVY TO CONSIDER THIS MATTER, IT WOULD APPEAR THAT YOUR ONLY RECOURSE IS TO FILE SUIT IN THE APPROPRIATE COURT. THIS OFFICE HAS NO JURISDICTION, FACILITIES, OR AUTHORITY TO ASSIST CLAIMANTS IN PRESENTING CLAIMS TO AN EXECUTIVE DEPARTMENT OF THE GOVERNMENT OR OTHER FEDERAL AGENCY OR IN THE COURTS. THE MATTER OF FILING A SUIT AGAINST THE UNITED STATES IS PERSONAL WITH THE PLAINTIFF AND, IF YOU STILL FEEL THAT YOU HAVE A MONEY CLAIM ARISING FROM YOUR DISCHARGE FROM THE NAVAL SERVICE, THE PROSECUTION OF SUCH CLAIM IN COURT IS FOR YOU OR YOUR ATTORNEY TO HANDLE.

SETTLEMENT CERTIFICATE DATED FEBRUARY 28, 1967, AND DISCHARGE CERTIFICATE RECEIVED WITH YOUR LETTER OF APRIL 22, 1967, ARE RETURNED HEREWITH. SINCE NEITHER OF THESE DOCUMENTS REPRESENTS A MONEY SETTLEMENT IN YOUR CASE, THEY MAY BE RETAINED BY YOU WITHOUT PREJUDICE TO ANY CLAIM YOU MAY WISH TO ASSERT IN THIS MATTER.