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B-193529 1 (1978-12-28)

handle is hein.gao/gaobacuoc0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 IN REPLY OFFICE OF GENERAL COUNSEL REFER TO: B-193529 b F -n 14)'C 4~k el % December 281978. The Honorable Barbara Allen Babcock Assistant Attorney General Civil Division Department of Justice A.c L9 Attention: E. John Bailey, Attorney * Commercial Litigation Branch Dear Ms. Babcock: Subject: Howard R. Barnett v. United States Ct. Cl. No. 491-78 Referepee.i made to letter dated November 16, 1978 (file referenc BAB:JFM:JBailey:jss 154-491-78), and statutory call form of the same date, requesting a report on the petition filed in the above-entitled case on November 13, 1978, wherein the plaintiff seeks jugoe nd other monies and benefits due plain- tiff as a result of wrongful conviction/by court-martial; an order expunging and eliminating any and all records of such court-martial from plaintiff's military records and forbidding any future con- sideration by defendant of said court-martial; an order directing defendant to restore plaintiff to the grade and rank in the United 2- States Army which plaintiff would currently hold but for the court- martial; and such other relief as the court may deem just and proper. There is no record of any claim having been filed in the General Accounting Office on account of the matters set forth in the petition and we have no information as to the facts in the case other than the allegations therein. The petition contains allegations relative to the plaintiff's court-martial conviction for violation of Articles 92 and 121 of the Uniform Code of Military Justice. 10 U.S.C. 892 and 921. Plaintiff contends in essence that he was denied his right to be represented by previously appointed qualified military counsel and his representation by civilian counsel was inadequate, thus resulting in his conviction by an i martial which was without iurisdiction to try him, and that as a result.thereof, he has been unlawfully denied more'than $6,449.60. 0 02981