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B-179228 1 (1980-06-25)

handle is hein.gao/gaobacurd0001 and id is 1 raw text is: GAO / United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Referto: B-179228 June 25, 1980 The Honorable Alice Daniel p2/1 Assistant.Attorney General Civil Division Department of Justice Attention: Lawrence S. Smith, Attorney Commercial Litigation Branch Dear Ms. Daniel: Subject: Bryan B. Riley v. United States Ct. Cl. No. 206-73 This is in response to your letter of May 19, 1980, in which you attached a letter from the plaintiff's attorney in which he continues to dispute certain items in our computation of Mr. Rilev's entitlements set out in our letter of April 10, 1980, to the Court of Claims. This letter corrected certain aspects of plaintiff's leave entitlements which were incorrectly stated in our December 14, 1979 report to the court. At the outset we would like to point out that there seems to be a misunderstanding as to the effect of the court's opinion in this case. It is our view that the court determined that Mr. Riley was not legally separated from active duty on April 30, 1973. As a result our computations are based on what entitlements he would have received had he continued on active duty in the grade in which he was serving less separation payments (readjustment pay and accrued leave settlements), active duty entitlements as an enlisted member, and retired pay. The plaintiff first contends that he is losing 76 days of accrued leave because he is required to pay back the $2,471.40 accrued leave settlement he received for these days on his initial discharge on April 30, 1973. Essentially, we related that since the effect of the court's order was that he had never been legally separated and had continued on active duty from May 1, 1973, the plaintiff was required to pay back the accrued leave settlement he received on April 30, 1973; but he was recredited with the ~. oW(7

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