B-126371, NOV. 29, 1956
Highlights
MCCRORY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15. YOU DO NOT CITE THE COURT OF CLAIMS DECISION BUT THE ONE YOU DOUBTLESS HAVE IN MIND IS THE ONE RENDERED BY THE COURT OF CLAIMS NOVEMBER 7. IN THAT CASE THE COURT HELD THAT NOTWITHSTANDING THE ISSUANCE OF A PRESIDENTIAL COMMISSION TO A WARRANT OFFICER HE WAS NOT A COMMISSIONED OFFICER WITHIN THE PURVIEW OF SECTION 212 OF THE ECONOMY ACT OF JUNE 30. OUR OFFICE HAS NOT AS YET ACCEPTED THAT COURT DECISION AS FINAL AND WE ARE TAKING STEPS TO RECOMMEND FURTHER PROCEEDINGS IN THAT CASE. UNLESS AND UNTIL THAT DECISION IS ACCEPTED BY OUR OFFICE AS CONTROLLING. NO CHANGE IN THE STATUS OF YOUR INDEBTEDNESS IS WARRANTED.
B-126371, NOV. 29, 1956
TO MR. MARTIN A. MCCRORY:
REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15, 1956, REGARDING A RECENT DECISION BY THE COURT OF CLAIMS WHICH YOU APPEAR TO CONSIDER WOULD WARRANT THE RELIEF OF YOUR INDEBTEDNESS TO THE UNITED STATES CAUSED BY THE RECEIPT OF COMPENSATION IN A CIVILIAN POSITION WHILE ALSO DRAWING RETIRED PAY AS A COMMISSIONED WARRANT OFFICER OF THE UNITED STATES MARINE CORPS.
YOU DO NOT CITE THE COURT OF CLAIMS DECISION BUT THE ONE YOU DOUBTLESS HAVE IN MIND IS THE ONE RENDERED BY THE COURT OF CLAIMS NOVEMBER 7, 1956, IN THE CASE OF JOHN TATO V. UNITED STATES, C.CLS. NO. 139-54. IN THAT CASE THE COURT HELD THAT NOTWITHSTANDING THE ISSUANCE OF A PRESIDENTIAL COMMISSION TO A WARRANT OFFICER HE WAS NOT A COMMISSIONED OFFICER WITHIN THE PURVIEW OF SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932, LIMITING THE COMBINED AMOUNT OF RETIRED MILITARY PAY WHICH MAY BE RECEIVED BY A RETIRED COMMISSIONED OFFICER HOLDING A CIVILIAN POSITION UNDER THE GOVERNMENT. OUR OFFICE HAS NOT AS YET ACCEPTED THAT COURT DECISION AS FINAL AND WE ARE TAKING STEPS TO RECOMMEND FURTHER PROCEEDINGS IN THAT CASE. ACCORDINGLY, UNLESS AND UNTIL THAT DECISION IS ACCEPTED BY OUR OFFICE AS CONTROLLING, NO CHANGE IN THE STATUS OF YOUR INDEBTEDNESS IS WARRANTED.