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B-215253 1 (1984-10-30)

handle is hein.gao/gaobadlzr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 1ECISION OP THE UNITED ETATEE WASHINGTO N. 0.C. 20548 FILE: B-215253 DATE: Qttober 30, 1984 MATTER OF: Commander Michael J. Jacobs, USCG (Retired) DIGEST: The doctrine of res judicata is that a final court judgment on the merits of a claim constitutes an absolute bar to a subsequent action by the claimant on the same issues. The Comptroller General adheres to this doctrine and will therefore not consider the claim of a Coast Guard officer for an additional 4 years' credit in the computation of his retired pay based on his 4 years spent as an academy cadet, since he previously asserted this same claim before the Federal courts and received an adverse final judgment on the merits. Commander Michael J. Jacobs, USCG (Retired), claims additional military retired pay, contending the 4 years he spent as a cadet at the Coast Guard Academy should be included as creditable service in the computation of his pay.1/ He previously asserted this same claim before the Federal courts and received an adverse final judgment on its merits. Consequently we are barred by the doctrine of res judicata from giving it any consideration. Background Commander Jacobs was a cadet at the Coast Guard Academy from July 1959 to June 1963. He was graduated from the Academy on June 4, 1963, and was commissioned as an ensign of the Coast Guard on the same date. Thereafter, he remained in active service with the Coast Guard continuously / This action is in response to a request for a decision submitted under the provisions of 31 U.S.C. S 3529 by Mr. E. J. Rowe, authorized certifying officer, U.S. Coast Guard. The request was forwarded here by the Commandant of the Coast Guard after it was assigned submission number CG-ACO-1438, by the Department of Defense Military Pay and Allowance Committee.

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