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B-194265 1 (1979-04-02)

handle is hein.gao/gaobactzu0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 IN REPLY.B-1942652 REFER TO.: APR 2 1$379 The Honorable Barbara Allen Babcock Assistant Attorney General Do not make available to .public readinrp Civil Division Department of Justice Attention: LeRoy Southmayd, Jr., Attorney Commercial Litigation Branch Dear Ms. Babcock: Subject: Paul C. Cappella v. United States Court of Claims No. 70-79 Reference is made to letter dated February 28, 1979 (file refer- ence DMC:LS:amc 154-70-79), requesting a report onthe petition filed in the above-entitled case, wherein the plaintiff, conten&mga that nonjudicial 'u.shment yas improperly imposed Ipon hTm in Janu-- .Try 1979 by a authorties, seeks jud Tment f6r backpay in the amount of $56-4. 30, plus $31. 50 per month since February 1, 1979, and attorney's fees. There is no record of any claim having been filed by the plaintiff with the General Accounting Office on account of the matters set forth in the petition, and we have no information as to the facts in the case other than the allegations contained therein. We assume that you will receive a full report regarding this matter from the Department of the Navy. _--Plaintiff, a Navy enlisted man, alleges in substance that in Janu- ary 1979 he was subjected to nonjudicial punishment pursuant to Article 15 of the Uniform Code of Military Justice (UCMJ), 10 U. S. C. § 815 (1976). He was accused of possessing a narcotic substance at the China Fleet Club in the British Crown Colony of Hong Kong, in violation of a general regulation. His punishment included a reduc- tion in grade and forfeiture of one-half of his pay for a period of 2 months. Plaintiff asserts that the nonjudicial punishment proceedings were unlawful in several respects. I what is styled as his First Cause of Action he contends, in essence, that military authorities lacked jurisdiction for the reason that the offense was not committed on a 5~4'7&L- Q4, OFFICE OF GENERAL COUNSEL C0JJ 0 001 f

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