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B-191816 1 (1978-05-26)

handle is hein.gao/gaobadtrh0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE - 6 WASHINGTON, D.C. 20548 7??6 _9 IN REPLY REFER TO. B-191816 ,'l= OF GENERAL COUNSEL The Honorable Barbara Allen Babcock Assistant Attorney General Civil Division Department of Justice Attention: LeRoy Southmayd, Jr., Attorney Court of Claims Section Dear Ms. Babcock: Subject: v. United States, Court of Claims No. 407-77 . Reference is made to your letter dated April 26, 1978 (file refer- ence BAB:LS:els 154-151-78), and statutory call form of the same date, requesting a report on a petition filed April 11, 1978, in the above-entitled case, wherein plaintiff seeks to have his name placed on the disability retired list effective February 1, 1977, and receive retired pay based on such status or in the alternative, seeks read- justment pay in the sum of $15, 000. There is no record of any claim having been filed by the plaintiff with the General Accounting Office on account of matters set forth in the petition and we have no information as to the facts of the case other than the allegations made therein. The petition contains allegations relating to certain enumerated injuries sustained by the plaintiff in 1972 while serving on active duty in the United States Air Force as a Reserve colonel, and his release from that duty on January 31, 1977. Plaintiff contends that despite those injuries and the fact that his medical condition as a result thereof remain unabated, he was released from active duty as being physically fit. Plaintiff alleges that at the time of his release he was in fact unfit for military duty and is entitled to be retired for disability. He argues that the action by the Secretary in so releas- ing him as fit for duty was arbitrary, capricious and contrary to law and fact. In support of that position, plaintiff avers that effective February 1, 1977, the Veterans Administration rated him at 60 per- cent for degenerative arthritis. ........................~ mu

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