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B-192320 1 (1981-11-13)

handle is hein.gao/gaobacuzu0001 and id is 1 raw text is: 


                     UNITED STATES GENERAL ACCOUNTING OFFICE
          i                  WASHINGTON, D.C. 20548


O~FFCE OF GENERAL COUNSEL
                                            November 13, 1981

       B-192320



       The  Honorable J. Paul McGrath
       Assistant  Attorney General
       Civil Division
       Department  of Justice

            Attention:   George M. Beasley III, Esq.
                         Commercial Litigation Branch

       Dear Mr.  McGrath:

            Subject:   Jerry Houston Stone v. United States
                       Ct. Cl. No. 580-81C

            Reference  is made to your statutory call form dated
       September  30, 1981, requesting a report on a petition filed
       September  24, 1981, in the above-entitled case wherein
       plaintiff  seeks to have his name placed on the disability
       retired  list of the United States Army and receive retired
       pay based  on that status.

            There  is no record of any claim having been filed by
       the plaintiff  in the General Accounting Office on account of
       matters  set forth in the petition and we have no information
       about  the facts of the case other than those alleged therein.
       We presume  that the Department of the Army is providing your
       office with  a full report on the matter.

            The petition  contains allegations relating to plaintiff's
       service  in the United States Army as an enlisted member and
       his discharge  therefrom in November 1975, while in civil
       confinement.   The thrust of his allegations are that as a
       result of his  service in Vietnam he was suffering from Post
       Traumatic  Stress Disorder which produced a serious physical
       and mental disability  in him; that such condition was at a
       minimum  a substantial contributing cause of the misconduct
       which  resulted in his civilian conviction and confinement;
       and  that the Army knew or should have known by April 29,
       1971,  that he was a danger to himself or others and should
       have  taken action to prevent those acts which gave rise to
       his comfinement.   Further, that he was neither informed of
       his disability  nor of his right to a Physical Evaluation

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