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B-210831 1 (1983-08-02)

handle is hein.gao/gaobadlfx0001 and id is 1 raw text is: -.rA-E COMPTROLLER GENERAL ..... ECIS-S- . OF THE UNITEO STATES Iid' WASHINGTON. 0. C. 2o548 FILE: B-210831 DATE: August 2, 1983 MATTER OF: Dr. Martin Blinder, et al. DIGEST: There is no authority to allow payment of claims for services as expert witnesses at Army court-martial proceeding where claim- ants' services were not authorized in advance by the convening authority as required by paragraph 116 of the Manual for Courts-Martial. Also, the claims do not contain such elements of unusual legal liability or equity to warrant their sub- mission to the Congress under the Merito- rious Claims Act, 31 U.S.C. S 3702(d). This action is in response to a submission by Ms. Alice McCarty, Chief, Field Services Division, of the U.S. Army Finance and Accounting Center, Indianapolis, Indiana, of the claims of four individuals for fees as expert witnesses in connection with their consultation services and testimony incident to a court-martial proceeding. The Army advises that the claims have not been allowed since the expert witnesses were not employed in accordance with the required procedure set forth at paragraph 116, of the Manual for Courts-Martial, 1969 (Revised) and section 13-38 of Army Regulation 37-106. The Army has requested that the Comptroller General of the United States submit these claims- for expert witness fees to the Congress for relief under the Meritorious Claims Act of 1928, now codified at 31 U.S.C. S 3702(d) (formerly 31 U.S.C. S 236). For the reasons stated below, the claims do not present such elements of legal liability so as to warrant submission to Congress under the Meritorious Claims Act. In October and November of 1981, the services of Drs. Martin Blinder, Roy R. Auerbach, Julian Silverman and Mr. Terrence Hickey were obtained as expert psychiatric witnesses in the court-martial proceedings in United States v. King. Drs. Blinder, Auerbach and Silverman have submitted claims in the respective amounts of $1,000, $360, and $750 for the total hours they spent on psychiatric 10 3I C_ t1

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