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B-199536 1 (1981-07-01)

handle is hein.gao/gaobacuvo0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFicE OF GENERAL COUNSEL B-199536 Mr. Carl D. Phillips 702 Boundary S.E. Olympia, Washington 98501 Dear Mr. Phillips: Reference is made to the claim you submitted to our Office in January 1980 in which you suggested that you were underpaid by the Government incident to your service as a lieutenant in the United States Coast Guard from July 5, 1974, through November 13, 1978. That claim was also filed in the United States Court of Claims in June 1980 (Carl D. Phillips v. United States, Ct. Cl. No. 328-80C). You say that from 1959 to 1965 you completed 6 years of active and inactive service with the U.S. Navy. There- after, in June 1974 you were graduated from law school, and on July 5, 1974, you accepted an officer's appointment to become a law specialist with the rank of lieutenant in the U.S. Coast Guard Reserve. On August 4, 1974, you reported for active Coast Guard service. You then served on extended active duty during the next 4 years until August 3, 1978, and you also performed a 2-week tour of active duty between November I and 13, 1978. You suggest that you were underpaid by the Coast Guard between July 5, 1974, and November 13, 1978, in two different respects. First, you indicate that the Coast Guard gave you no military pay and allowances for the period from July 5 through August 3, 1974, i.e., from the time you accepted your Reserve officer's appointment to the time you reported for active duty. However, when the appointment was offered to you, the Commandant of the Coast Guard in a letter stated, Pay and allowances accrue from the date of acceptance and oath of office. You believe that as a matter of law this constituted a contractual offer which became a binding agree- ment obligating the Coast Guard to commence immediate payment of military pay and allowances to you upon your acceptance of the appointment on July 5, 1974. You suggest that the Coast Guard's failure to give you pay and allowances for the period July 5-August 3, 1974, constituted a breach of contract, and you should therefore be awarded the pay and allowances improperly withheld from you during that period. I X5

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