B-157759, MAY 1, 1974, 53 COMP GEN 813

B-157759: May 1, 1974

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IS NOT ENTITLED TO ADDITIONAL AMOUNT FOR UNIFORM ALLOWANCE SINCE HE WAS NOT REQUIRED TO WEAR UNIFORM (37 U.S.C. 417(C)). UNDER 28 U.S.C. 2517(B) AND 2519 PAYMENT OF JUDGMENT IS FULL DISCHARGE TO UNITED STATES AND FURTHER CLAIM IS BARRED. 1974: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 9. BY THE CORRECTION OF YOUR MILITARY RECORD PURSUANT TO THE RECOMMENDATION OF THE AIR FORCE BOARD FOR THE CORRECTION OF MILITARY RECORDS TO SHOW THAT YOU WERE NOT RELEASED FROM ACTIVE DUTY IN THE AIR FORCE ON JULY 31. WERE CONTINUED ON ACTIVE DUTY UNTIL JULY 31. THE DECISION OF THE COURT OF CLAIMS IN YOUR CASE PROVIDED THAT YOU WERE ENTITLED TO RECOVER "BACK PAY. 788.69 AS COMPUTED BY THIS OFFICE WAS FURTHER REDUCED BY OUTSIDE CIVILIAN EARNINGS TO $44.

B-157759, MAY 1, 1974, 53 COMP GEN 813

UNIFORMS - MILITARY PERSONNEL - OFFICERS - UNIFORM ALLOWANCE - REQUIREMENTS PLAINTIFF IN REALE V. UNITED STATES, CT. CL. NO. 334-65, JULY 16, 1969, WHO HAS ACCEPTED PAYMENT PURSUANT TO COURT'S JUDGMENT AND RECORD CORRECTION, IS NOT ENTITLED TO ADDITIONAL AMOUNT FOR UNIFORM ALLOWANCE SINCE HE WAS NOT REQUIRED TO WEAR UNIFORM (37 U.S.C. 417(C)). ALSO, UNDER 28 U.S.C. 2517(B) AND 2519 PAYMENT OF JUDGMENT IS FULL DISCHARGE TO UNITED STATES AND FURTHER CLAIM IS BARRED, AND UNDER 10 U.S.C. 1552(C) ACCEPTANCE OF SETTLEMENT PURSUANT TO RECORD CORRECTION "FULLY SATISFIES THE CLAIM CONCERNED."

TO MAJOR DANTE S. REALE, DEPARTMENT OF THE AIR FORCE, RETIRED, MAY 1, 1974:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 9, 1973, REQUESTING PAYMENT OF A UNIFORM ALLOWANCE COVERING THE PERIOD OF AUGUST 1, 1961, TO JULY 31, 1969, THE PERIOD COVERED BY THE JUDGMENT OF THE COURT OF CLAIMS IN YOUR FAVOR IN THE CASE OF DANTE S. REALE V. UNITED STATES, NO. 334-65, DECIDED JULY 16, 1969, AND BY THE CORRECTION OF YOUR MILITARY RECORD PURSUANT TO THE RECOMMENDATION OF THE AIR FORCE BOARD FOR THE CORRECTION OF MILITARY RECORDS TO SHOW THAT YOU WERE NOT RELEASED FROM ACTIVE DUTY IN THE AIR FORCE ON JULY 31, 1961, BUT WERE CONTINUED ON ACTIVE DUTY UNTIL JULY 31, 1969.

AS YOU KNOW, THE DECISION OF THE COURT OF CLAIMS IN YOUR CASE PROVIDED THAT YOU WERE ENTITLED TO RECOVER "BACK PAY, LESS APPROPRIATE OFFSETS" FOR THE PERIOD COVERED BY THE DECISION, AUGUST 1, 1961, TO JULY 16, 1969. PURSUANT TO A MOTION FOR CALL ALLOWED BY THE COURT IN YOUR CASE, THIS OFFICE COMPUTED THE AMOUNT DUE YOU UNDER THE COURT'S DECISION BASED ON ACTIVE DUTY PAY, BASIC ALLOWANCE FOR QUARTERS, AND BASIC ALLOWANCE FOR SUBSISTENCE, LESS APPROPRIATE OFFSETS, FOR A NET AMOUNT DUE OF $72,788.69. AS YOU INDICATE, THAT COMPUTATION DID NOT INCLUDE A UNIFORM ALLOWANCE.

THE $72,788.69 AS COMPUTED BY THIS OFFICE WAS FURTHER REDUCED BY OUTSIDE CIVILIAN EARNINGS TO $44,094.03, THE AMOUNT ENTERED IN THE JUDGMENT PURSUANT TO THE COURT'S ORDER DATED DECEMBER 24, 1969, AND APPARENTLY ACCEPTED BY YOU.

YOU NOW INDICATE THAT SINCE UNDER THE COURT'S DECISION AND THE SUBSEQUENT CORRECTION OF YOUR MILITARY RECORD YOU ARE SHOWN AS CONTINUED ON ACTIVE DUTY DURING THE PERIOD OF AUGUST 1, 1961, TO JULY 31, 1969, YOU ARE ENTITLED TO A UNIFORM ALLOWANCE FOR THAT PERIOD. YOU INDICATE FURTHER THAT YOU ARE UNAWARE OF ANY DIRECTIVE THAT AN OFFICER MUST PRODUCE RECEIPTS SHOWING THAT HE HAD, IN FACT, PURCHASED UNIFORMS TO BE ENTITLED TO SUCH AN ALLOWANCE, AND YOU BELIEVE THAT ALL THAT IS REQUIRED IS THAT HE BE ON ACTIVE DUTY.

THE UNIFORM ALLOWANCE TO WHICH YOU REFER IS APPARENTLY ONE OF THOSE AUTHORIZED UNDER SECTIONS 415(A)-(C) AND 416 OF TITLE 37, U.S.C. IN REGARD TO THE COUNTING OF PERIODS OF SERVICE FOR ENTITLEMENT TO THOSE ALLOWANCES 37 U.S.C. 417(C) SPECIFICALLY PROVIDES THAT AN OFFICER MAY COUNT ONLY THAT DUTY FOR WHICH HE IS REQUIRED TO WEAR A UNIFORM. DURING THE PERIOD FOR WHICH YOU CLAIM UNIFORM ALLOWANCE, YOU WERE NOT REQUIRED TO WEAR A UNIFORM.

HOWEVER, THAT MAY BE, THIS OFFICE MAY NOT ALLOW A CLAIM FOR AN ADDITIONAL AMOUNT FOR ANY PERIOD THAT IS COVERED BY A JUDGMENT OF THE COURT OF CLAIMS INVOLVING SUCH MATTER IN VIEW OF THE PROVISION IN 28 U.S.C. 2517(B) THAT PAYMENT OF ANY JUDGMENT OF THE COURT OF CLAIMS SHALL BE A FULL DISCHARGE TO THE UNITED STATES OF ALL CLAIMS AND DEMANDS ARISING OUT OF THE MATTER INVOLVED IN THE CASE, AND PROVISION IN 28 U.S.C. 2519 THAT A FINAL JUDGMENT OF THE COURT OF CLAIMS SHALL FOREVER BAR ANY FURTHER CLAIM, SUIT, OR DEMAND AGAINST THE UNITED STATES ARISING OUT OF THE MATTERS INVOLVED IN THE CASE. SEE 42 COMP. GEN. 580, 582 (1963), AND 40 ID. 116, 119 (1960).

ALSO, 10 U.S.C. 1552(C), WHICH AUTHORIZES THE PAYMENT OF CLAIMS ARISING FROM THE CORRECTION OF A MILITARY RECORD UNDER 10 U.S.C. 1552, PROVIDES THAT A CLAIMANT'S ACCEPTANCE OF A SETTLEMENT UNDER THAT SECTION "FULLY SATISFIES THE CLAIM CONCERNED."

ACCORDINGLY, THERE IS NO ACTION THIS OFFICE MAY PROPERLY TAKE ON YOUR REQUEST.

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