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B-176259 1 (1973-11-30)

handle is hein.gao/gaobaadtm0001 and id is 1 raw text is: 






   ~84     ~COMPTROLLER GENERAtY Or THE UNITED STATES
      c\'wWAS14INGTO14, D.C, 20540
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     B-176259                                      November 30, 1973



     Mrs. Edne Sue Houes
     2416 Park Lane Southi
     firrdnghan t Alabama 35213

     Dear lira. Moesl

          Further reference is made to your lotter dated April 13, 1972,
     requesting review of the settlement of our Trnrsportation and Claif
     DivisLon dated April 4, 1972, whicl disallowed your claim for
     readjuntnant pay upon roleaac from active duty In the United Atatoc
     Marine Corps on July 15, 1971.
9
          By letter of February 28, 1973, we advised you that a nuuber of
     caseo involving eircurn itances sinilar to yours were pending in the
     United Stotes District Court for the Central Dictrict of California,
     and reconnidoratirrn of your claim w ould lie held in abeyance pending
     final judicial deter-idnation 1-n cnacs such as yours. Th Departcnt
     of the lnvy has recently advined us of the.diposition of such cnceo,
     which wfill be horinaftcr noted as relatir.a to your claim.

          ie record shown that you enlieted in the United 1tntes Marina
     Corps Reserve on March 17, 1966, were asigned to active duty on flay 9,
     1966, and nerved until your discharge on Augunt 16, 1967. You enlisted
     in the United States Harine Corps on AuEpust 17, 1967, and served until
     you were discharced on October 16, 1968. Oa October 17, 1968, you were
     comnainsioned in tho United States Marine U'rnn Reierve and ratained on
     active duty until your release on July 15, 1971. Your continuous
     active service irnrdlately prior to July :5, 1971, totaled 5 years,
     2 months and 7 days.

          At the time of your c:.nionioning on October 17, 1968, yo
     asroed to serve on active duty in a corainsioned stattm for a pcriod of
     3 years. Your normal release from active duty date wan thus ini-
     tially establilshed aa Octobor 15, 1971. llrnever, i!t in adminitratively
     reported that your agreemant imposed no obligation on the 11arine Corps
     to retain you an active duty for 3 years, you nerely agreed to sarva
     that l.rmgth of time if your nordAcen ware required, as a consideration
     for being granted a comrmirion. Coraparr.Ilc..nnebrger v. United Staten,
     185 C. C1.e 614 (1960) and 187 C. Cn, b5 (1969).


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