B-100137, APR. 30, 1956
Highlights
RETIRED: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7. YOUR CLAIM IS BASED ON THE HOLDING IN THE CASE OF SEAGRAVE V. WAS THAT ONCE APPLICATION WAS MADE THEREFOR. A COPY OF WHICH IS ENCLOSED. REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23. THIS CLAIM IS ON THE BASIS OF THE OPINION IN THE CASE OF BRAND V. WAS CREDITABLE UNDER TITLE III IN THE CASE OF A RESERVE OFFICER OF THE ARMY. YOUR CLAIM FOR ADDITIONAL RETIRED PAY BY REASON OF MIDSHIPMAN SERVICE WILL BE SETTLED HERE ON THAT BASIS FOR THE PERIOD FEBRUARY 1.
B-100137, APR. 30, 1956
TO LIEUTENANT COMMANDER ARTHUR C. MEYERS, USNR, RETIRED:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7, 1956, CLAIMING RETIRED PAY UNDER TITLE III OF THE ACT OF JUNE 29, 1948, 62 STAT. 1087, AS AMENDED, FROM JUNE 29, 1948, TO JANUARY 31, 1950, THE DAY PRECEDING THE DATE ON WHICH YOU BEGAN TO RECEIVE SUCH PAY. YOUR CLAIM IS BASED ON THE HOLDING IN THE CASE OF SEAGRAVE V. UNITED STATES, 131 C.CLS. 790.
IN OUR DECISION OF APRIL 10, 1956, B-113387, 35 COMP. GEN. WE ADVISED SECRETARY OF DEFENSE THAT WE WOULD NOT BE JUSTIFIED AT THIS TIME IN FOLLOWING THE SEAGRAVE HOLDING WHICH, IN EFFECT, WAS THAT ONCE APPLICATION WAS MADE THEREFOR, PAY UNDER TITLE III BEGINS FROM DATE OF QUALIFICATION FOR SUCH PAY RATHER THAN FROM DATE OF APPLICATION. FOR THE REASONS STATED IN THAT DECISION, A COPY OF WHICH IS ENCLOSED, YOUR CLAIM FOR RETIRED PAY FROM JUNE 29, 1948, TO JANUARY 31, 1950, MAY NOT NOW BE ALLOWED.
ALSO, REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23, 1956, CLAIMING ADDITIONAL RETIRED PAY UNDER TITLE III OF THE ACT OF JUNE 29, 1948, BY REASON OF SERVICE AS A MIDSHIPMAN AT THE UNITED STATES NAVAL ACADEMY UNDER AN APPOINTMENT MADE PRIOR TO MARCH 4, 1913. THIS CLAIM IS ON THE BASIS OF THE OPINION IN THE CASE OF BRAND V. UNITED STATES, C.CLS. NO. 474-52, DECIDED OCTOBER 4, 1955, WHICH HELD THAT SERVICE AS A CADET AT THE UNITED STATES MILITARY ACADEMY UNDER AN APPOINTMENT MADE ON OR BEFORE AUGUST 24, 1912, WAS CREDITABLE UNDER TITLE III IN THE CASE OF A RESERVE OFFICER OF THE ARMY.
IN OUR DECISION OF APRIL 19, 1956, B-126989, 35 COMP. GEN. - , WE ADVISED THE SECRETARY OF DEFENSE THAT WE WOULD FOLLOW THE PRINCIPLE OF THE BRAND CASE IN OTHER CASES INVOLVING CADET OR MIDSHIPMAN SERVICE UNDER APPOINTMENTS MADE ON OR BEFORE AUGUST 24, 1912, IN THE CASE OF RESERVE OFFICERS OF THE ARMY AND AIR FORCE, AND ON OR BEFORE MARCH 4, 1913, IN THE CASE OF RESERVE OFFICERS OF THE NAVY OR MARINE CORPS. YOUR CLAIM FOR ADDITIONAL RETIRED PAY BY REASON OF MIDSHIPMAN SERVICE WILL BE SETTLED HERE ON THAT BASIS FOR THE PERIOD FEBRUARY 1, 1950, TO MARCH 31, 1956. ANY SUCH ADDITIONAL PAY WHICH MAY BE DUE FOR PERIODS AFTER THE LATTER DATE SHOULD BE REQUESTED FROM THE DEPARTMENT OF THE NAVY.