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B-199872 1 (1980-08-29)

handle is hein.gao/gaobacuro0001 and id is 1 raw text is: PTL M- UNITED STATES GENERAL ACCOUNTING OFFICE i WASHINGTON, D.C. 20548 IN REPLY OFFICE OF GENERAL COUNSEL REFER To: B-199872 August 29, 1980 The Honorable Alice Daniel ^jc Assistant Attorney General Civil Division * Department of Justice Attention: Pollie Harris McElroy, Esq. Commercial Litigation Branch Dear Ms. Daniel: Subject: [ancy Lee Presson v. United States Ct. Cl. No. 388-80 C File Reference: AD:DE:PHMcELROY:cl, 154-388-80 C Petitioner alleges that she was unlawfully separated from the United States Army on or about May 19, 1975, for alleged schizo- phrenia, the symptoms of which were willfully, maliciously, and intentionally induced conspiratorially by the individual District Court defendants. She seeks disability compensation for physical and mental bodily injuries and pain and suffering sustained while she was on active duty, backpay, and correction of records expunging any reference to mental illness. There is no record of any claim having been filed in the General Accounting Office in connection with the matters set forth in the petition. Furthermore, we have no record of any counter- claim, setoff, or other demand which would furnish the basis of a cross action against the petitioner. Separation and retirement for disability from the armed services are governed by the provisions of Chapter 61, Title 10, of the United States Code. Generally, the Court of Claims has no jurisdiction over determinations by the Secretary of a military department withregard to percentage of disability or fitness for duty unless it can be shown that the Secretary's determination was arbitrary or capricious or not supported by substantial evidence. See Finn v. United States, 548 F.2d 340, 212 Ct. Cl. 353 (1977), and Craft v. United States, 544 F.2d 468, 210 Ct. Cl. 170 (1976). In addition, it appears that the petitioner seeks relief, alternatively, in the nature of damages based on her claim which

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