B-126399, NOV. 13, 1961
Highlights
YOUR REQUEST FOR ADVANCE DECISION WAS ASSIGNED D.O. THE FACTS WITH RESPECT TO THIS CASE WERE STATED IN DECISION OF DECEMBER 20. TO THE DISBURSING OFFICER THAN HAVING RESPONSIBILITY FOR THE PAYMENT OF RETIRED PAY TO COLONEL MADDEN AND WILL NOT BE REPEATED HERE. - WHICH WAS BASED ON THE PALMER CASE DECIDED JANUARY 20. WERE OVERRULED BY THE COURT OF CLAIMS IN THE WATMAN CASE. A SETTLEMENT VOUCHER WAS STATED IN HIS FAVOR FOR $3. THAT VOUCHER WAS FORWARDED TO THE FINANCE CENTER. THE VOUCHER RECEIVED WITH YOUR LETTER IS RETAINED IN THIS OFFICE.
B-126399, NOV. 13, 1961
TO CAPTAIN S. NORTON FC, FINANCE AND ACCOUNTING OFFICER:
BY FIRST INDORSEMENT OF OCTOBER 3, 1961, THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF JUNE 28, 1961, SUBMITTING FOR AN ADVANCE DECISION A VOUCHER IN THE AMOUNT OF $2,924.24 STATED IN FAVOR OF LIEUTENANT COLONEL JOSEPH L. MADDEN, REPRESENTING RETIRED PAY WITHHELD FROM HIM FOR THE PERIOD NOVEMBER 1, 1960, TO JUNE 30, 1961, UNDER AUTHORITY OF SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932, AS AMENDED, 5 U.S.C. 59A. YOUR REQUEST FOR ADVANCE DECISION WAS ASSIGNED D.O. NO. 612 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.
THE FACTS WITH RESPECT TO THIS CASE WERE STATED IN DECISION OF DECEMBER 20, 1960, B-126399, TO THE DISBURSING OFFICER THAN HAVING RESPONSIBILITY FOR THE PAYMENT OF RETIRED PAY TO COLONEL MADDEN AND WILL NOT BE REPEATED HERE. IT APPEARS THAT AS A RESULT OF THAT DECISION--- WHICH WAS BASED ON THE PALMER CASE DECIDED JANUARY 20, 1960, CT.CL. NO. 356-58--- SUCH RETIRED PAY HAS BEEN WITHHELD FROM COLONEL MADDEN SINCE NOVEMBER 1, 1960. SINCE THE PALMER CASE AND THE SIMILAR LEONARD CASE, 136 CT.CL. 686, WERE OVERRULED BY THE COURT OF CLAIMS IN THE WATMAN CASE, CT.CL. NO. 189-59, DECIDED MARCH 1, 1961, THERE APPEARS TO BE NO BASIS AT THIS TIME TO QUESTION COLONEL MADDEN'S RIGHT TO THE RETIRED PAY WHICH HAS BEEN WITHHELD FROM HIM. 40 COMP. GEN. 625.
ON AUGUST 21, 1961, COLONEL MADDEN SUBMITTED TO OUR CLAIMS DIVISION A CLAIM FOR THE RETIREMENT PAY WITHHELD FROM HIM SINCE NOVEMBER 1, 1960, ON OCTOBER 12, 1961, A SETTLEMENT VOUCHER WAS STATED IN HIS FAVOR FOR $3,655.30, COVERING THE PERIOD NOVEMBER 1, 1960, TO AUGUST 31, 1961. TRANSMITTAL NO. 79544, DATED OCTOBER 13, 1961, THAT VOUCHER WAS FORWARDED TO THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, FOR PROCESSING AND PAYMENT. SINCE THE AMOUNT OF $3,655.30 SHOWN ON THAT VOUCHER APPEARS TO BE CORRECT, PAYMENT OF THE VOUCHER, IF NOT ALREADY MADE, SHOULD BE EFFECTED. THE VOUCHER RECEIVED WITH YOUR LETTER IS RETAINED IN THIS OFFICE.