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B-210993 1 (1983-04-07)

handle is hein.gao/gaobadtkk0001 and id is 1 raw text is: 


UNITED STATES GENERAL ACCO TN OF
        WASHINGTON., D.C 20U


B-210993                                        A     , 193


The Honorable J. Paul McGrath
Assis-ant Attorney General
Civil Division
Department of Justice
     Attention: George M. Beasley III, Attorney
                 Co   rcial Litigation Branch
Dear Mr. McGrath:
     Subject:                       v. United States
               Cl. Ct. No. 90-83C
     This is the report requested in your letter of March 1,
1983, concerning the above-entitled case in which petitioner
primarily seeks to recover backpay in excess of the $9,999.9
which he recovered from the Air Force as a result of
   _________V.         ,571 F.2d 617 (D.C. Cir. 1977).   That
action determined that petitioner had been illegally discharged
from the Air Force.
     Before filing this action, petitio,,r sought relief in
excess of the anunt collected in               V.
through the Air Force Board for Corre      ofMli           rds
(filed in 1978, with several supplemental filings) and the
United States District Court for the Western District of
Washington (filed in Npril 1982, several months after the
Correction Board denied relief).

     The General Accounting Office became involved in
petitioner's effort to obtain relief when the Chief, Account-
ing and Finance Division, Directorate of Resource Management,
Headquarters, Ai- Force Accounting and Finance Center, request-
ed an advance decision on whether he could pay petitioner's
claims. Paragraphs XXII through XXV describe the surrounding
circumstances of the submission. The Comptroller General
issued a decision, B-199060, July 22, 1980, holding that the
claim could not be paid on the basis of the doctrine of res
a          See Exhibit 20 attached to the Petition. We are
og a copy of the submission here and a copy of an
exlanatory letter to Senator Jackson concerning the submission
and resulting decision.

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