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B-198413 1 (1980-05-28)

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                            Office of
                            General Counsel
it   4.t  o *tlAbl    tIn Reply


             May  28, 1980


The Honorable Alice  Daniel
Assistant Attorney  General
Civil Division
Danpartment of Justice


Attention:


Pollie Harris  McElroy, Attorney
Commercial Litigation  Branch


Dear Ms. Daniel:


Subject:i


Theodore M. Rozelsky,  Executor of the Estate
of Harry Rozdilck.  v, United States
Court of Claims  No. 147-800
(Your ref. AD:DMCsPHJMcElroysslc 154-147-80C)


     The  purpose of this letter is to advise you  of a factual error
contained  in our litigation report dated May  1, 1980, concerning
the above-entitled  case, in which the plaintiff  claims arrearages
of military  retired pay due to Technical Sergeant  Harry Rozdilcki,
USA (Retired)  (Deceased),

     In our  earlier report we stated that the Army  retired pay
account of Sergeant  Rozdilcki had a credit balance  in the total
amount of only  $33.91.  As we indicated then,  this statement
was based on  information we had received from officials  of the
Army Finance and Accounting  Center who had told us  that at the
time of his death  Sergeant Rozdilcki had been paid  all the military
retired pay due  to him except for the amount of  $33.91 which had
accrued to his account  on the last 2 days of his  life, April 1
and 2, 1977.

     We have since been  advised by Army legal authorities  that this
information was erroneous.   Those authorities now  indicate that at
the time of his death  Sergeant Rozdilcki had not been  paid the
retired pay which  accrued for the 6 years prior  to the receipt of
his claim by our Office;  that is for the period from October  21,
1970, through Cctober  20, 1976, in the additional amount  of
$27,626.53.  Thus,  the total groas amount of the  retired pay
arrearages due  in this case is $27,660.44.

     We understand  that the concerned Army authorities  have already
advised you about  this discrepancy.  We have made our  own separate


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