B-135609, SEP. 3, 1959
Highlights
HELD THAT INASMUCH AS YOUR ENTRY INTO MILITARY SERVICE PRIOR TO THE COMPLETION OF YOUR COURSE OF STUDY WAS VOLUNTARY. THE MATTER WAS AGAIN REVIEWED. YOUR REQUEST FAILED TO STATE ANY BASIS UPON WHICH FURTHER CONSIDERATION WAS MERITED. YOU WERE. THE BASIS UPON WHICH SUCH RECONSIDERATION IS SOUGHT. WE HAVE AGAIN REVIEWED THE MATTER AND OUR DECISION OF MAY 16. CONCERNING YOUR OBLIGATION TO REPAY THE STUDENT LOAN IS CORRECT AND MUST BE SUSTAINED. YOUR ATTENTION IS INVITED GENERALLY TO THE PROVISIONS OF 28 U.S.C. 1346. PERTAINING TO SUITS AGAINST THE UNITED STATES WHICH ARE COGNIZABLE IN THE DISTRICT COURTS AND THE COURT OF CLAIMS OF THE UNITED STATES.
B-135609, SEP. 3, 1959
TO MR. WILLIAM J. MCNAIR, JR.:
YOUR LETTER OF AUGUST 17, 1959, REQUESTS FURTHER CONSIDERATION OF OUR DECISION OF MAY 16, 1958, B-135609, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN CONNECTION WITH THE STUDENT LOAN YOU RECEIVED UNDER PUBLIC LAW 647, 77TH CONGRESS, 56 STAT. 576, WHILE ATTENDING THE UNIVERSITY OF ALABAMA.
THE DECISION OF MAY 16, 1958, B-135609, HELD THAT INASMUCH AS YOUR ENTRY INTO MILITARY SERVICE PRIOR TO THE COMPLETION OF YOUR COURSE OF STUDY WAS VOLUNTARY, YOUR INDEBTEDNESS COULD NOT BE CANCELLED UNDER THE PROVISIONS OF PUBLIC LAW 647, ABOVE.
PURSUANT TO YOUR REQUEST DATED APRIL 20, 1959, FOR AN APPEAL OF THE DECISION OF MAY 16, 1958, THE MATTER WAS AGAIN REVIEWED. YOUR REQUEST FAILED TO STATE ANY BASIS UPON WHICH FURTHER CONSIDERATION WAS MERITED. YOU WERE, THEREFORE, ADVISED IN OUR LETTER OF MAY 20, 1959, THAT SHOULD YOU DESIRE RECONSIDERATION OF YOUR CASE IT WOULD BE INCUMBENT UPON YOU TO SET FORTH IN DETAIL, IN YOUR REQUEST, THE BASIS UPON WHICH SUCH RECONSIDERATION IS SOUGHT. YOUR RECENT LETTER OF AUGUST 17 MERELY CONTAINS AN UNSUPPORTED ALLEGATION OF DAMAGES WHICH DOES NOT APPEAR TO BE CONNECTED WITH YOUR RECEIPT OF THE STUDENT LOAN INVOLVED NOR GERMANE TO THE LEGAL ISSUE INVOLVED. WE HAVE AGAIN REVIEWED THE MATTER AND OUR DECISION OF MAY 16, 1958, CONCERNING YOUR OBLIGATION TO REPAY THE STUDENT LOAN IS CORRECT AND MUST BE SUSTAINED.
WITH REFERENCE TO YOUR REQUEST FOR ADVICE ON JUDICIAL RECOURSE AVAILABLE TO YOU, YOUR ATTENTION IS INVITED GENERALLY TO THE PROVISIONS OF 28 U.S.C. 1346; ID. 1491, PERTAINING TO SUITS AGAINST THE UNITED STATES WHICH ARE COGNIZABLE IN THE DISTRICT COURTS AND THE COURT OF CLAIMS OF THE UNITED STATES.