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B-199060 1 (1980-07-22)

handle is hein.gao/gaobadikv0001 and id is 1 raw text is: STHE COMPTPOLLER GENEA, DE1CISiON OF THE UNITED STATES S ~C -VSHGTN 7 0 C. 2 0 5 FILE: B-199060 DATE: July 22, 1980 MATTER OF: Captain John H. VanderMolen, USAFR DIGEST: Air Force member who successfully sues in Federal District Court for reinstate- ment to active duty and damages may not recover on an administrative claim for backpay in excess of $10,000 jurisdic- tional limitation of district court under 28 U.S.C. § 1346(a)(2). Since claim filed concerns same parties and issues, including amount of damages, as decided by district court, doctrine of res judicata precludes considera- tion of this claim. -The question in this case is whether a claimant .who successfully sues the Government in United States District Court for backpay may then file an~administrative claim and receive the amounts of backpay in excess of the $10,'00 jurisdictional limitation of the court under 28 U.S.C. § 1346(a)(2) (1976). As will be explaine.d, the cl'aim may not be paid. The question is submitted for an advance decision by Ernest E. Heuer, Chief, Accounting and Finance Division, Directorate of Resource Management, Headquarters Air Force Accounting and Finance Center,- and concerns the claim of Captain John H. VanderMolen, USAFR. The following recitation of the facts of this case will only deal with those relevant to a resolution of the question raised. We note, however, that the factual background leading up to the suit by Captain VanderMolen can be found in Vanderbiolen v. Stetson, 571 F. 2d 617 (D.C. Cir. 1977). Captain VanderMolen brought suit in the United States District Court claiming his February 19, 1971 discharge from the Air Force was illegal and he sought reinstatement to active duty and damages. Since the claimant's alleged period of wrongful discharge constituted a potential claim in excess of $10,000, Captain VanderMolen waived recovery

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