B-134152, FEB. 10, 1958

B-134152, FEB. 10, 1958

TO MR. JOSEPH COLBY:

REFERENCE IS MADE TO LETTER DATED DECEMBER 16, 1957, FROM KING AND KING, YOUR ATTORNEYS, REQUESTING RECONSIDERATION OF OUR DECISION DATED DECEMBER 12, 1957, B-134152, TO YOU. THAT DECISION SUSTAINED OUR SETTLEMENT OF APRIL 26, 1954, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE BETWEEN RETIRED PAY COMPUTED ON THE BASIS OF ONE-HALF OF BASE PAY PLUS PERMANENT ADDITIONS AND RETIRED PAY COMPUTED ON THE BASIS OF ONE-THIRD OF BASE PAY PLUS PERMANENT ADDITIONS.

THE QUESTION OF YOUR RIGHT TO SUCH DIFFERENCE IN RETIRED PAY WAS CAREFULLY CONSIDERED ON THE BASIS OF YOUR ATTORNEYS' LETTER OF SEPTEMBER 4, 1957, AND OTHER CORRESPONDENCE WITH OUR OFFICE, AND YOU WERE INFORMED IN THE DECISION DATED DECEMBER 12, 1957, OF THE REASON WHY YOUR CLAIM MAY NOT BE ALLOWED. IN THE LETTER OF DECEMBER 16, 1957, YOUR ATTORNEYS REFER TO OUR DECISION B-134160, DECEMBER 4, 1957, 37 COMP. GEN. - , AND REQUEST THAT THE ARGUMENTS SUBMITTED IN THEIR LETTER DATED DECEMBER 6, 1957, IN CONNECTION WITH THE CLAIM OF MR. GEORGE LEROY O-NEAL, BE CONSIDERED IN CONJUNCTION WITH YOUR CLAIM. THERE IS ENCLOSED A COPY OF OUR DECISION DATED JANUARY 29, 1958, B 134160, IN REPLY TO THE LETTER OF DECEMBER 6, 1957. FOR THE REASONS STATED THEREIN, AND AS NO NEW MATERIAL EVIDENCE HAS BEEN PRESENTED SINCE THE DECISION OF DECEMBER 12, 1957, B-134152, TO YOU, THE ACTION PREVIOUSLY TAKEN ON YOUR CLAIM MUST BE ADHERED TO BY OUR OFFICE.