B-130297, AUG. 18, 1960
Highlights
ATTORNEYS AT LAW: REFERENCE IS MADE TO YOUR LETTER OF JULY 21. THE MATTER HAS BEEN REFERRED TODAY TO OUR CLAIMS DIVISION FOR APPROPRIATE ACTION AND YOU WILL BE ADVISED AS PROMPTLY AS POSSIBLE WHEN FINAL ACTION IS TAKEN IN THIS MATTER. THE RECORD SHOWS THAT THE SETTLEMENT WAS HELD IN ABEYANCE FROM NOVEMBER 19. FOR THE REASON THAT THE CLAIMANT WAS ONE OF THE PETITIONERS IN THE CASE OF JUAN S. PARKER WAS SO ADVISED BY LETTER DATED DECEMBER 4. MOTION TO DISMISS THE ACTION IN THE COURT OF CLAIMS IS NOW BEING HELD IN ESCROW BY THE DEPARTMENT OF JUSTICE. IT IS ASSUMED THAT SUCH ADJUSTMENT WILL BE MADE PROMPTLY.
B-130297, AUG. 18, 1960
TO KING AND KING, ATTORNEYS AT LAW:
REFERENCE IS MADE TO YOUR LETTER OF JULY 21, 1960, REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT ALLOWING ERNEST ELVIN PARKER, CHIEF MACHINIST, 475 09 31, USN, RETIRED, THE AMOUNT OF $3,365.71, REPRESENTING A REFUND AND ADJUSTMENT OF RETIRED PAY FOR THE PERIOD JULY 6, 1954, TO OCTOBER 31, 1958, FOR THE REASONS STATED THEREIN. THE MATTER HAS BEEN REFERRED TODAY TO OUR CLAIMS DIVISION FOR APPROPRIATE ACTION AND YOU WILL BE ADVISED AS PROMPTLY AS POSSIBLE WHEN FINAL ACTION IS TAKEN IN THIS MATTER.
CONCERNING THE FAILURE OF OUR CLAIMS DIVISION TO EXTEND THE SETTLEMENT ACTION TO PERIODS BEYOND OCTOBER 31, 1958, THE RECORD SHOWS THAT THE SETTLEMENT WAS HELD IN ABEYANCE FROM NOVEMBER 19, 1958, FOR THE REASON THAT THE CLAIMANT WAS ONE OF THE PETITIONERS IN THE CASE OF JUAN S. AFLAGUE, ET AL. V. UNITED STATES, CT.CL. NO. 212-56, FILED MAY 17, 1956, AND THAT MR. PARKER WAS SO ADVISED BY LETTER DATED DECEMBER 4, 1958. MOTION TO DISMISS THE ACTION IN THE COURT OF CLAIMS IS NOW BEING HELD IN ESCROW BY THE DEPARTMENT OF JUSTICE. IN THE SETTLEMENT, WE STATED THAT THE DEPARTMENT OF THE NAVY WOULD ADJUST MR. PARKER'S RETIRED PAY FOR THE PERIOD SUBSEQUENT TO OCTOBER 31, 1958, AND IT IS ASSUMED THAT SUCH ADJUSTMENT WILL BE MADE PROMPTLY.