B-144622, JAN. 8, 1965
Highlights
RETIRED: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER REQUESTING RECONSIDERATION OF YOUR CLAIM FOR ADDITIONAL RETIRED PAY UNDER THE FOURTH PARAGRAPH OF SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942. THE DISALLOWANCE OF WHICH WAS SUSTAINED IN DECISIONS TO YOU OF JANUARY 16. YOU REQUEST IS BASED ON OUR DECISION OF JULY 17. YOU WERE ADVISED IN OUR DECISION OF DECEMBER 7. BOTH OF THE RETIRED MEMBERS WHOSE RIGHTS WERE CONSIDERED IN OUR DECISION OF JULY 17. WERE RETIRED IN THEIR PERMANENT GRADES AS WARRANT OFFICERS. YOU WERE RETIRED AS AN ENLISTED MAN AND LATER WERE ADVANCED ON THE RETIRED LIST TO A COMMISSIONED WARRANT OFFICER GRADE. YOU WERE INFORMED IN OUR DECISIONS OF JANUARY 16. YOUR RIGHTS ARE GOVERNED BY THE HOLDING IN THE CASE OF JONES V.
B-144622, JAN. 8, 1965
TO CHIEF WARRANT OFFICER, CHARLES C. LIGHT, USN, RETIRED:
FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER REQUESTING RECONSIDERATION OF YOUR CLAIM FOR ADDITIONAL RETIRED PAY UNDER THE FOURTH PARAGRAPH OF SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942, CH. 413, 56 STAT. 368, THE DISALLOWANCE OF WHICH WAS SUSTAINED IN DECISIONS TO YOU OF JANUARY 16, 1961, AND DECEMBER 7, 1962, B-144622.
YOU REQUEST IS BASED ON OUR DECISION OF JULY 17, 1963, B-151286, 43 COMP. GEN. 68. WHILE WE THERE DECIDED TO FOLLOW THE ZUR-LINDEN CASE (158 CT.CL. 383, DECIDED JULY 18, 1962), YOU WERE ADVISED IN OUR DECISION OF DECEMBER 7, 1962, AS TO THE REASONS WHY THAT CASE FURNISHES NO BASIS FOR THE PAYMENT OF YOUR CLAIM. BOTH OF THE RETIRED MEMBERS WHOSE RIGHTS WERE CONSIDERED IN OUR DECISION OF JULY 17, 1963, WERE RETIRED IN THEIR PERMANENT GRADES AS WARRANT OFFICERS, ONE BEING RETIRED AS A COMMISSIONED WARRANT OFFICER. YOU WERE RETIRED AS AN ENLISTED MAN AND LATER WERE ADVANCED ON THE RETIRED LIST TO A COMMISSIONED WARRANT OFFICER GRADE. YOU WERE INFORMED IN OUR DECISIONS OF JANUARY 16, 1961, AND DECEMBER 7, 1962, YOUR RIGHTS ARE GOVERNED BY THE HOLDING IN THE CASE OF JONES V. UNITED STATES, 151 CT.CL. 119 (1960), WHICH INVOLVED THE SITUATION OF A RETIRED ENLISTED MAN WHO WAS ADVANCED ON THE RETIRED LIST AFTER HIS RETIREMENT.
FOR THE REASONS INDICATED ABOVE, OUR DECISION OF JULY 17, 1963, FURNISHES NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.