A-18178, JUL. 25, 1957

A-18178: Jul 25, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ALBERT REID: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER. OUR RECORDS SHOW THAT THIS CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 21. TO YOU THAT SETTLEMENT WAS SUSTAINED. WAS ADVISED RELATIVE TO THE MATTER. WAS GIVEN A COMPLETE RESUME OF ALL PRIOR ACTION. WAS MADE AND THE DECISION OF APRIL 30. BY WHICH IT WAS SUSTAINED. WAS RENDERED DURING THE INCUMBENCY OF A FORMER COMPTROLLER GENERAL OF THE UNITED STATES. IT IS WELL SETTLED THAT FINAL DECISIONS MADE BY A PREDECESSOR IN OFFICE MAY NOT BE REOPENED EXCEPT FOR FRAUD.

A-18178, JUL. 25, 1957

TO MR. ALBERT REID:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER, FORWARDED HERE BY THE DEPARTMENT OF THE ARMY, IN WHICH YOU APPEAR TO REQUEST FURTHER CONSIDERATION OF YOUR CLAIM FOR TRAVEL PAY FROM FORT MCDOWELL, CALIFORNIA, TO ROSWELL, NEW MEXICO, INCIDENT TO YOUR RETIREMENT FROM THE ARMY ON SEPTEMBER 2, 1925.

OUR RECORDS SHOW THAT THIS CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 21, 1926. BY DECISION DATED APRIL 30, 1927, A-18178, TO YOU THAT SETTLEMENT WAS SUSTAINED. IN A LETTER DATED MARCH 15, 1928, HONORABLE HARRY M. WURZBACH, HOUSE OF REPRESENTATIVES, WAS ADVISED RELATIVE TO THE MATTER. YOU RECEIVED FURTHER ADVICE ABOUT THE CLAIM IN A LETTER FROM OUR CLAIMS DIVISION DATED SEPTEMBER 24, 1953. AND IN A LETTER DATED OCTOBER 30, 1953, HONORABLE PAUL J. KILDAY, HOUSE OF REPRESENTATIVES, WAS GIVEN A COMPLETE RESUME OF ALL PRIOR ACTION.

THE SETTLEMENT OF AUGUST 21, 1926, WAS MADE AND THE DECISION OF APRIL 30, 1927, A-18178, BY WHICH IT WAS SUSTAINED, WAS RENDERED DURING THE INCUMBENCY OF A FORMER COMPTROLLER GENERAL OF THE UNITED STATES. IT IS WELL SETTLED THAT FINAL DECISIONS MADE BY A PREDECESSOR IN OFFICE MAY NOT BE REOPENED EXCEPT FOR FRAUD, ERRORS OF COMPUTATION, OR NEWLY DISCOVERED MATERIAL EVIDENCE. SEE 16 COMP. GEN. 51 AND CASES CITED THEREIN. YOUR LETTER DOES NOT CONTAIN SUCH SHOWING AS TO WARRANT REVIEW OF THE CLAIM SETTLED AND SUSTAINED DURING THE TERM OF OFFICE OF FORMER COMPTROLLER GENERAL OF THE UNITED STATES J. R. MCCARL.