B-103801, NOV. 14, 1961
Highlights
TO KING AND KING: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 20. - WAS ALLOWED THOMAS E. YOUR REQUEST FOR RECONSIDERATION IS BASED UPON YOUR ASSERTION THAT THE CLAIMANT IS ENTITLED TO CREDIT FOR HIS PERIODS OF CONSTRUCTIVE SERVICE IN DETERMINING THE AMOUNT OF HIS RETIRED PAY UNDER THE PROVISIONS OF SECTION 202 OF THE NAVAL RESERVE ACT OF 1938. WHAT WAS SAID IN THAT DECISION APPLIES WITH EQUAL FORCE TO THE CASE OF MR. BEAN AND HENCE IT MUST BE CONCLUDED THAT THE CORRECT METHOD OF COMPUTATION WAS USED IN ARRIVING AT THE AMOUNT ALLOWED BY SETTLEMENT DATED SEPTEMBER 19. NO FURTHER AMOUNT IS FOUND TO BE DUE.
B-103801, NOV. 14, 1961
TO KING AND KING:
REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 20, 1961, REQUESTING RECONSIDERATION OF SETTLEMENT DATED SEPTEMBER 19, 1961, BY WHICH ADDITIONAL RETIRED PAY--- COMPUTED ON THE BASIS OF HIS COMMISSIONED WARRANT OFFICER GRADE UNDER THE DECISION IN THE CASE OF LOUIS E. FAGAN, ET AL. (LEWIS L. GOVER, PLAINTIFF NO. 2) V. UNITED STATES, CT.CL. NO. 535-57, DECIDED MAY 4, 1960--- WAS ALLOWED THOMAS E. BEAN, CHIEF RADIO ELECTRICIAN, UNITED STATES NAVY, RETIRED.
YOUR REQUEST FOR RECONSIDERATION IS BASED UPON YOUR ASSERTION THAT THE CLAIMANT IS ENTITLED TO CREDIT FOR HIS PERIODS OF CONSTRUCTIVE SERVICE IN DETERMINING THE AMOUNT OF HIS RETIRED PAY UNDER THE PROVISIONS OF SECTION 202 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1178, AS INTERPRETED BY THE COURT OF CLAIMS IN JOHNSON V. UNITED STATES, CT.CL. NO. 217-56, DECIDED MAY 3, 1961; WHITE V. UNITED STATES, 121 CT.CL. 1, AND OUR DECISION 38 COMP. GEN. 110.
FOR THE REASONS SET FORTH IN OUR DECISION, B-138416, DATED OCTOBER 31, 1961, TO YOU, WE HELD THAT CONSTRUCTIVE SERVICE CANNOT BE INCLUDED IN DETERMINING THE RATE OF BASE AND LONGEVITY PAY UNDER THE PAY READJUSTMENT ACT OF 1942, OR BASIC PAY OR THE PERCENTAGE MULTIPLE UNDER THE CAREER COMPENSATION ACT OF 1949, AS AMENDED. WHAT WAS SAID IN THAT DECISION APPLIES WITH EQUAL FORCE TO THE CASE OF MR. BEAN AND HENCE IT MUST BE CONCLUDED THAT THE CORRECT METHOD OF COMPUTATION WAS USED IN ARRIVING AT THE AMOUNT ALLOWED BY SETTLEMENT DATED SEPTEMBER 19, 1961. ACCORDINGLY, NO FURTHER AMOUNT IS FOUND TO BE DUE.