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B-140076, JUN. 15, 1964

B-140076 Jun 15, 1964
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ELZEY: REFERENCE IS MADE TO YOUR LETTER OF MAY 4. RELATIVE TO THE FILING OF ORIGINAL DOCUMENTS IN SUPPORT OF YOUR CLAIM FOR RETIRED PAY WHICH YOU BELIEVE IS DUE YOU COMMENCING JUNE 7. IT IS DECIDED AGAINST HIM. FOR IT IS BY STATUTE FOREVER BARRED.'. WHILE IT IS OUR PRACTICE TO RETURN ORIGINAL DOCUMENTS FILED IN SUPPORT OF CLAIMS WHENEVER POSSIBLE. IT APPEARS THAT THERE IS NO PROPER BASIS FOR CONSIDERATION OF YOUR CLAIM BY OUR OFFICE AT THIS TIME. ALL OF THE CONTENTIONS WHICH COULD BE RAISED IN YOUR CLAIM WERE FULLY CONSIDERED BY THE COURT AND REJECTED.

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B-140076, JUN. 15, 1964

TO CAPTAIN FAY S. ELZEY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 4, 1964, RELATIVE TO THE FILING OF ORIGINAL DOCUMENTS IN SUPPORT OF YOUR CLAIM FOR RETIRED PAY WHICH YOU BELIEVE IS DUE YOU COMMENCING JUNE 7, 1953, PURSUANT TO THE PROVISIONS OF TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, APPROVED JUNE 29, 1948, CH. 708, 62 STAT. 1087 (NOW CODIFIED IN 10 U.S.C. 1331-1337).

SECTION 2519, TITLE 28, U.S.C. PROVIDES THAT A FINAL JUDGMENT OF THE COURT OF CLAIMS AGAINST ANY PLAINTIFF "SHALL FOREVER BAR ANY FURTHER CLAIM, SUIT, OR DEMAND AGAINST THE UNITED STATES ARISING OUT OF THE MATTERS INVOLVED IN THE CASE OR CONTROVERSY.' IN CONSTRUING A SIMILAR STATUTE IN EFFECT AT THE TIME, IN THE CASE OF RAVESIES V. UNITED STATES, 21 CT.CL. 243, 248 (1886), THE COURT STATED THAT IF A CLAIMANT "BRINGS HIS ACTION HERE (IN THE COURT OF CLAIMS) FIRST, AND IT IS DECIDED AGAINST HIM, EITHER BY THIS COURT OR ON APPEAL BY THE SUPREME COURT, HE CANNOT THEN TAKE THE SAME CLAIM TO THE ACCOUNTING OFFICERS, FOR IT IS BY STATUTE FOREVER BARRED.'

WHILE IT IS OUR PRACTICE TO RETURN ORIGINAL DOCUMENTS FILED IN SUPPORT OF CLAIMS WHENEVER POSSIBLE, IT APPEARS THAT THERE IS NO PROPER BASIS FOR CONSIDERATION OF YOUR CLAIM BY OUR OFFICE AT THIS TIME. IN YOUR ACTION BROUGHT IN THE COURT OF CLAIMS, FAY S. ELZEY V. UNITED STATES, CT.CL.NO. 253-59, DECIDED NOVEMBER 27, 1963, ALL OF THE CONTENTIONS WHICH COULD BE RAISED IN YOUR CLAIM WERE FULLY CONSIDERED BY THE COURT AND REJECTED. ACCORDINGLY, YOUR RETIRED PAY RIGHTS HAVE ..END :

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