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B-119312, FEB. 5, 1958

B-119312 Feb 05, 1958
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ARMY: THIS IS IN REPLY TO YOUR LETTERS OF OCTOBER 14. IS SET FORTH BELOW: TABLE CREDITS OCTOBER 1. 731.88 FOUND DUE COLONEL HEDDEN IS REPORTED TO HAVE BEEN PAID BY A U.S. THE JUDGMENT IN FAVOR OF COLONEL HEDDEN HAS BECOME FINAL AND THE ISSUES LITIGATED IN THAT CASE HAVE THEREFORE BECOME RES JUDICATA. NECESSARILY INVOLVE THE IDENTICAL ISSUES OF FACT AND LAW WHICH WERE CONSIDERED AND DECIDED BY THE COURT OF CLAIMS IN THE DECISION OF JULY 12. THIS OFFICE WILL FOLLOW THE VIEWS EXPRESSED BY THE COURT OF CLAIMS IN THE DECISION OF JULY 12.

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B-119312, FEB. 5, 1958

TO MAJOR R. N. MCCALL, FC, U.S. ARMY:

THIS IS IN REPLY TO YOUR LETTERS OF OCTOBER 14, 1957, AND JANUARY 23, 1958 (FINCS-B 201 HEDDEN, WILLIS 0 6 534), ADDRESSED TO THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE CONCERNING THE RETIRED PAY STATUS OF COLONEL WILLIS A. HEDDEN UNDER THE DECISION RENDERED ON JULY 12, 1957, BY THE COURT OF CLAIMS IN HIS CASE (WILLIS A. HEDDEN V. UNITED STATES, C.CLS. NO. 156-55).

YOU REQUEST TO BE ADVISED AS TO THE AMOUNT PAID AND THE PERIOD OF ADJUSTMENT COVERED AS A RESULT OF THE ENTRY OF JUDGMENT IN THIS CASE. ALSO, YOU FURTHER REQUEST TO BE ADVISED IF THE CURRENT RETIRED PAY OF COLONEL HEDDEN SHOULD BE ADJUSTED IN ACCORDANCE WITH THE DECISION OF JULY 12, 1957.

A COMPUTATION OF THE AMOUNT FOUND DUE UNDER THE DECISION OF JULY 12, 1957, AND CERTIFIED BY THIS OFFICE ON DECEMBER 10, 1957, AS PAYABLE TO THE PLAINTIFF, COLONEL WILLIS A. HEDDEN, IS SET FORTH BELOW:

TABLE

CREDITS

OCTOBER 1, 1949, TO APRIL 30, 1952, INCLUSIVE, AT $506.23 PER MONTH REPRESENTING 72 1/2 PERCENTUM OF MONTHLY BASIC PAY PRESCRIBED BY THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802,

$15,693.13

MAY 1, 1952, TO MARCH 31, 1955, INCLUSIVE, AT $526.48 PER MONTH, BASED ON THE INCREASED RATES PRESCRIBED IN THE ACT OF MAY 19, 1952, 66 STAT. 79, 18,426.80

APRIL 1, 1955, TO JULY 12, 1957, INCLUSIVE, AT $588.12 PER MONTH, BASED ON THE INCREASED RATES PRESCRIBED IN THE CAREER INCENTIVE ACT OF 1955, 69 STAT. 18, 16,114.50

TOTAL CREDITS $50,234.43

DEBITS

RETIRED PAY AT $488.78 PER MONTH (REPRESENTING 70 PERCENTUM), PAID DURING THE PERIOD OCTOBER 1, 1949, TO APRIL 30, 1952, $15,152.18

RETIRED PAY AT $508.33 PER MONTH, PAID DURING THE PERIOD MAY 1, 1952, TO MARCH 31, 1955, 17,791.55

RETIRED PAY AT $567.84 PER MONTH, PAID DURING THE PERIOD APRIL 1, 1955, TO JULY 12, 1957, 15,558.82

TOTAL DEBITS 48,502.55

BALANCE DUE $ 1,731.88

THE AMOUNT OF $1,731.88 FOUND DUE COLONEL HEDDEN IS REPORTED TO HAVE BEEN PAID BY A U.S. TREASURER'S CHECK DRAWN DECEMBER 19, 1957, IN HIS FAVOR.

THE JUDGMENT IN FAVOR OF COLONEL HEDDEN HAS BECOME FINAL AND THE ISSUES LITIGATED IN THAT CASE HAVE THEREFORE BECOME RES JUDICATA. THE QUESTION OF COLONEL HEDDEN'S RIGHT AND THE BASIS FOR COMPUTING HIS RETIRED PAY FROM JULY 13, 1957, THE DAY FOLLOWING THE DATE OF THE COURT'S DECISION, NECESSARILY INVOLVE THE IDENTICAL ISSUES OF FACT AND LAW WHICH WERE CONSIDERED AND DECIDED BY THE COURT OF CLAIMS IN THE DECISION OF JULY 12, 1957, IN HIS CASE. IN THOSE CIRCUMSTANCES, THE RULE OF ESTOPPEL BY JUDGMENT (COLLATERAL ESTOPPEL) HAS THE EFFECT OF PRECLUDING THE DEFENDANT (GOVERNMENT) AND THE PLAINTIFF (HEDDEN) FROM ANY FURTHER LITIGATION AGAINST EACH OTHER OF THE ISSUES ACTUALLY LITIGATED AND DETERMINED BY THE COURT IN THE DECISION OF JULY 12, 1957. HENCE, THIS OFFICE WILL FOLLOW THE VIEWS EXPRESSED BY THE COURT OF CLAIMS IN THE DECISION OF JULY 12, 1957, WITH RESPECT TO PAYMENT OF RETIRED PAY TO COLONEL HEDDEN COMMENCING JULY 13, 1957. COMPARE 36 COMP. GEN. 628. THE CURRENT RETIRED PAY OF COLONEL HEDDEN SHOULD BE ADJUSTED ACCORDINGLY.

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