B-152388, JUL 29, 1971
Highlights
CLAIMANT WAS INFORMED THAT THERE WAS NO BASIS FOR ACTION BY GAO. THE ALLEGATIONS MADE BY CLAIMANT ARE PRIMARILY FOR CONSIDERATION BY THE DEPARTMENT OF JUSTICE. LUKAS: REFERENCE IS MADE TO YOUR LETTER OF JUNE 16. YOU WERE "RETIRED ILLEGALLY FOR A DISEASE THAT I DID NOT HAVE. YOUR REQUEST FOR AN INVESTIGATION IN THIS MATTER IS SIMILAR TO A PRIOR REQUEST MADE BY YOU WHICH WAS THE SUBJECT OF OUR LETTER OF JANUARY 7. YOU WERE FURTHER ADVISED THAT YOUR VARIOUS CLAIMS WERE HANDLED ON THE BASIS OF THE LAW APPLICABLE THERETO AND WE FOUND NO ADDITIONAL AMOUNT DUE YOU. WE SUGGESTED THAT IF YOU FEEL YOU SHOULD BE PAID RETIRED PAY AT A RATE IN EXCESS OF THAT NOW BEING RECEIVED OR THAT YOU HAVE BEEN DENIED OTHER AUTHORIZED BENEFITS.
B-152388, JUL 29, 1971
RETIREMENT FOR DISABILITY - FRAUD AND PERJURY LETTER TO MR. VINCENT S. LUCAS REGARDING HIS RETIREMENT FOR DISABILITY AS AN ENLISTED MAN IN THE U.S. COAST GUARD. BY DECISIONS OF JANUARY 7, 1969 AND MARCH 10, 1969, CLAIMANT WAS INFORMED THAT THERE WAS NO BASIS FOR ACTION BY GAO. THE ALLEGATIONS MADE BY CLAIMANT ARE PRIMARILY FOR CONSIDERATION BY THE DEPARTMENT OF JUSTICE.
TO MR. VINCENT S. LUKAS:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1971, WITH ENCLOSURE, ASKING FOR AN INVESTIGATION IN THE NATURE OF A HEARING OF CERTAIN MATTERS IN WHICH YOU ALLEGE FRAUD AND PERJURY. THE EVENTS INVOLVED RELATE TO YOUR RETIREMENT FOR DISABILITY AS AN ENLISTED MAN IN THE UNITED STATES COAST GUARD.
YOU SAY THAT ON SEPTEMBER 1, 1950, YOU WERE "RETIRED ILLEGALLY FOR A DISEASE THAT I DID NOT HAVE," AND YOU ACCUSE OFFICERS OF THE COAST GUARD OF FRAUD AND PERJURY IN THE HANDLING OF YOUR CASE.
YOUR REQUEST FOR AN INVESTIGATION IN THIS MATTER IS SIMILAR TO A PRIOR REQUEST MADE BY YOU WHICH WAS THE SUBJECT OF OUR LETTER OF JANUARY 7, 1969, B-152388, COPY ENCLOSED, TO YOU. IN THAT LETTER, WE ADVISED YOU THAT THIS OFFICE HAS NO PROCEDURE FOR CONDUCTING AN INVESTIGATIVE HEARING SUCH AS YOU REQUEST. YOU WERE FURTHER ADVISED THAT YOUR VARIOUS CLAIMS WERE HANDLED ON THE BASIS OF THE LAW APPLICABLE THERETO AND WE FOUND NO ADDITIONAL AMOUNT DUE YOU. WE SUGGESTED THAT IF YOU FEEL YOU SHOULD BE PAID RETIRED PAY AT A RATE IN EXCESS OF THAT NOW BEING RECEIVED OR THAT YOU HAVE BEEN DENIED OTHER AUTHORIZED BENEFITS, ANY CLAIM FOR SUCH ITEMS SHOULD BE PRESENTED TO A COURT OF COMPETENT JURISDICTION.
CONCERNING THIS SAME MATTER, WE ALSO ADVISED YOU IN LETTER OF MARCH 10, 1969, COPY ENCLOSED, THAT UNDER THE STATUTORY LIMITATIONS IMPOSED ON THIS OFFICE, THERE IS NO FURTHER ACTION WE CAN TAKE IN THE MATTER.
MOREOVER, ALLEGATIONS OF FRAUD AND PERJURY ARE CRIMINAL MATTERS PRIMARILY FOR CONSIDERATION BY THE DEPARTMENT OF JUSTICE.