B-122347, JUN. 6, 1955

B-122347: Jun 6, 1955

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ESQUIRE: REFERENCE IS MADE TO YOUR LETTER OF APRIL 14. WE HAVE REEXAMINED THE CLAIM OF MR. MARSHALL AND THE ACTION PREVIOUSLY TAKEN THEREON AND ARE OF THE OPINION THAT OUR PREVIOUS ACTION WAS CORRECT. WHILE THERE IS NO STATUTE PROVIDING FOR APPEALS FROM DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES.

B-122347, JUN. 6, 1955

TO PAUL T. SMOCK, ESQUIRE:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 14, 1955, REQUESTING ADVICE AS TO THE AUTHORITY TO WHICH YOU MAY APPEAL FROM A DECISION OF THIS OFFICE DATED MARCH 30, 1955, B-122347, DISALLOWING THE CLAIM OF MR. LEWIS J. MARSHALL FOR REFUND OF RETIREMENT DEDUCTIONS MADE FROM HIS SALARY AS A DE FACTO EMPLOYEE OF THE DEPARTMENT OF THE ARMY STATIONED AT FORT MONMOUTH, NEW JERSEY.

WE HAVE REEXAMINED THE CLAIM OF MR. MARSHALL AND THE ACTION PREVIOUSLY TAKEN THEREON AND ARE OF THE OPINION THAT OUR PREVIOUS ACTION WAS CORRECT. WHILE THERE IS NO STATUTE PROVIDING FOR APPEALS FROM DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES, MR. MARSHALL MAY FILE SUIT IN THE COURT OF CLAIMS IN AN INDEPENDENT ACTION FOR RECOVERY OF THE AMOUNT BELIEVED TO BE DUE.