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ELZEY: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF MAY 10. WHEREIN YOU HAVE PRESENTED CLAIM TO THIS OFFICE FOR RETIRED PAY WHICH YOU BELIEVE IS DUE YOU COMMENCING JUNE 7. YOUR LETTER IS BEING FORWARDED TO OUR CLAIMS DIVISION. YOU SAY THAT YOUR CASE IS STILL PENDING IN THE COURT OF CLAIMS AND THAT YOU ARE FILING THIS CLAIM HERE FOR THE PURPOSE OF TOLLING THE PROVISIONS OF THE ACT OF OCTOBER 9. IT IS OUR PRACTICE TO TAKE NO ACTION ON A CLAIM IN A CASE WHERE AN IDENTICAL CLAIM FILED BY THE SAME CLAIMANT IN THE COURT OF CLAIMS OR OTHER FEDERAL COURT IS STILL IN THE PROCESS OF LITIGATION. WE ARE INSTRUCTING OUR CLAIMS DIVISION TO TAKE NO ACTION ON YOUR CLAIM UNTIL THE CONCLUSION OF THE PROCEEDINGS NOW PENDING IN THE COURT OF CLAIMS.

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B-140076, MAY 27, 1963

TO CAPTAIN FAY S. ELZEY:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF MAY 10, 1963, WHEREIN YOU HAVE PRESENTED CLAIM TO THIS OFFICE 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. 1081 (NOW CODIFIED IN 10 U.S.C. 1331-1337), INCIDENT TO YOUR MILITARY SERVICE. YOUR LETTER IS BEING FORWARDED TO OUR CLAIMS DIVISION.

YOU SAY THAT YOUR CASE IS STILL PENDING IN THE COURT OF CLAIMS AND THAT YOU ARE FILING THIS CLAIM HERE FOR THE PURPOSE OF TOLLING THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, AND ANY OTHER STATUTE OF LIMITATION.

IT IS OUR PRACTICE TO TAKE NO ACTION ON A CLAIM IN A CASE WHERE AN IDENTICAL CLAIM FILED BY THE SAME CLAIMANT IN THE COURT OF CLAIMS OR OTHER FEDERAL COURT IS STILL IN THE PROCESS OF LITIGATION. THEREFORE, WE ARE INSTRUCTING OUR CLAIMS DIVISION TO TAKE NO ACTION ON YOUR CLAIM UNTIL THE CONCLUSION OF THE PROCEEDINGS NOW PENDING IN THE COURT OF CLAIMS.

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