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B-202158 1 (1981-03-09)

handle is hein.gao/gaobacuud0001 and id is 1 raw text is: 




GAO
United States General Accounting Office            Office of
Washington, DC 20548                               General Counsel
                                                   In Reply
                               cAR '                Refer to: B-202158








  The  Honorable Thomas S. Martin
  Acting  Assistant Attorney General
  Civil  Division
  Department  of Justice

        Attention:  Gerald L. Elston,  Esq.
                    Commercial Litigation  Branch

  Dear  Mr. Martin:

        Subject:  BMCS James F. Dille  v. United States]
                  Ct. Cl. No. 354-80C
                  (File Reference:  TSM:DMC:pam  154-354-80C)

        Petitioner alleges that notwithstanding  his contract
  with  defendant concerning his  tour of duty in the Retention
  Incentive  Tours Program, which program  allows highly quali-
  fied  individuals to remain in  the service while choosing a
  specific  location and tour of duty,  petitioner was ordered
  to  relocate after 2 years of his  3-year tour of duty.  In
  addition,  petitioner alleges  that although he completed an
  examination  for advancement to  the rate of BMCM, enlisted
  pay  grade E-9, he could not  advance to that grade unless
  he  transferred to New York, which  petitioner says is in
  violation  of his contract with  defendant.  Petitioner seeks,
  among  other things, enjoining defendant  from interfering
  with  his contract rights and  from ordering him to relocate,
  and  advancement to grade E-9  without being forced to accept
  another  assignment.

        There is no record of  any claim having been filed
   in the General Accounting Office  in connection with the
   matters set forth in the petition.   Furthermore, we have
   no record of any counterclaim,  setoff, or other demand
   which would furnish the basis  of a cross action against
   the petitioner.

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