B-238461, Feb 23, 1990, 90-1 CPD ***

B-238461: Feb 23, 1990

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CIVILIAN PERSONNEL - Compensation - Retroactive compensation - Eligibility - Court decisions - GAO review DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. An employee of the Department of the Navy whose employment was terminated in 1976. Is seeking compensation from the Navy from 1976 until the present time. That settlement and other matters concerning that employment have been the subject of litigation in the United States District Court for the District of Columbia on 19 occasions. Resulted in a ruling that all employment issues raised in the case have become ref judicate. addition. He is also presently involved in litigation in the United States Tax Court (Sparrow v.

B-238461, Feb 23, 1990, 90-1 CPD ***

CIVILIAN PERSONNEL - Compensation - Retroactive compensation - Eligibility - Court decisions - GAO review DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. To locate substantive decisions addressing this issue, refer to decisions indexed under the above listed index entry.

Cleveland B. Sparrow, Sr.:

Cleveland B. Sparrow, an employee of the Department of the Navy whose employment was terminated in 1976, is seeking compensation from the Navy from 1976 until the present time.

On November 26, 1982, the claimant and the Department of the Navy reached a compromise settlement on all claims arising out of his employment with the Navy. That settlement and other matters concerning that employment have been the subject of litigation in the United States District Court for the District of Columbia on 19 occasions. In each case, Mr. Sparrow's complaint has been dismissed. The most recent case, Sparrow v. Reynolds, et al., 646 F. Supp. 834 (D.D.C. 1986), resulted in a ruling that all employment issues raised in the case have become ref judicate. addition, the court required plaintiff Sparrow to seek leave of court before filing any new actions. He is also presently involved in litigation in the United States Tax Court (Sparrow v. Commissioner, Internal Revenue, Docket No. 10073-87), involving matters arising out of the tax consequences associated with the 1982 compromise settlement.

Since Mr. Sparrow's claim for compensation has been the subject of litigation in the United States District court, and the court has held all issues related to the employment to be ref judicate, the claim may not be considered by this Office. As to the issues before the United States Tax Court, to the extent any part thereof might be within our jurisdiction, it is a longstanding rule of this Office that we will not consider any claim which is the subject of pending court litigation.