B-132505, JUL. 25, 1957

B-132505: Jul 25, 1957

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ADDRESSED TO THE CLAIMS DIVISION OF THIS OFFICE WILL BE CONSIDERED A REQUEST FOR REVIEW OF THE ACTION TAKEN IN GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JUNE 18. THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF DECISION DATED MARCH 5. IS THEREFORE SUSTAINED. WHICH DISALLOWED YOUR CLAIM IS NOT SUBJECT TO THE REVIEW. THIS IS WITHOUT PREJUDICE TO YOUR RIGHT TO INSTITUTE SUIT AGAINST THE UNITED STATES AS EXPRESSLY PROVIDED IN 28 U.S.C. 1491.

B-132505, JUL. 25, 1957

TO MAXWELL M. WHITEBROOK, FIRST LIEUTENANT, AUS, RETIRED:

YOUR LETTER OF JUNE 26, 1957, ADDRESSED TO THE CLAIMS DIVISION OF THIS OFFICE WILL BE CONSIDERED A REQUEST FOR REVIEW OF THE ACTION TAKEN IN GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JUNE 18, 1957, DISALLOWING YOUR CLAIM FOR ADDITIONAL RETIRED PAY ALLEGED TO BE DUE YOU UNDER THE RULE OF THE DECISION RENDERED JUNE 5, 1956, BY THE COURT OF CLAIMS IN THE CASE OF LOUIS STANDISH TRACY V. UNITED STATES, C.CLS. NO. 113-55.

THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF DECISION DATED MARCH 5, 1957, B-123643, TO THE SECRETARY OF DEFENSE, HOLDING THAT THE DECISION IN THE TRACY CASE FURNISHES NO SUFFICIENT LEGAL BASIS TO EXTEND THE RULE THEREOF TO OTHER OFFICERS OF THE ARMED FORCES. SEE THE ANSWER TO QUESTION 1 ON PAGE 3, DECISION OF MARCH 5, 1957. THE DISALLOWANCE OF YOUR CLAIM IN THE SETTLEMENT OF JUNE 18, 1957, IS THEREFORE SUSTAINED.

THE ACTION ABOVE TAKEN IN SUSTAINING THE SETTLEMENT OF JUNE 18, 1957, WHICH DISALLOWED YOUR CLAIM IS NOT SUBJECT TO THE REVIEW, BY APPEAL OR OTHERWISE, OF ANY OTHER BRANCH OR OFFICER OF THE GOVERNMENT. SEE 31 U.S.C. 71. HOWEVER, THIS IS WITHOUT PREJUDICE TO YOUR RIGHT TO INSTITUTE SUIT AGAINST THE UNITED STATES AS EXPRESSLY PROVIDED IN 28 U.S.C. 1491, 2501-2520.

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