B-165526, FEB. 26, 1969
Highlights
SECRETARY: FURTHER REFERENCE IS MADE TO THE CLAIM OF COMMANDER FELIX S. THAT HE IS ENTITLED TO THE BENEFITS AUTHORIZED IN 14 U.S.C. 243 (1958 ED.). THE LANGUAGE OF WHICH IS SUBSTANTIALLY THE SAME AS 14 U.S.C. 362. WE INDICATED THAT IF HIS PERFORMANCE OF DUTY IN THE GRADE OF CAPTAIN IN THE NAVY WAS DETERMINED BY THE SECRETARY OF THE NAVY TO HAVE BEEN SATISFACTORY. FROM THE ACTING SECRETARY OF THE NAVY THAT COMMANDER DESOBOLL'S PERFORMANCE OF DUTY IN THE GRADE OF CAPTAIN WAS SATISFACTORY IN EVERY RESPECT. HIS CLAIM FOR THE ADDITIONAL RETIRED PAY IS FOR ALLOWANCE UNDER THE RULE OF THE MILLER CASE AND WE ARE AUTHORIZING OUR CLAIMS DIVISION TO RELEASE FOR PAYMENT SETTLEMENT DATED AUGUST 16. WHICH WAS RECALLED FOR FURTHER CONSIDERATION.
B-165526, FEB. 26, 1969
TO MR. SECRETARY:
FURTHER REFERENCE IS MADE TO THE CLAIM OF COMMANDER FELIX S. DESOBOLL (1705), UNITED STATES COAST GUARD, RETIRED, FOR THE DIFFERENCE IN RETIRED PAY WHICH HE HAS RECEIVED AS A COMMANDER AND THE RETIRED PAY OF A CAPTAIN FOR THE PERIOD FROM NOVEMBER 1, 1958, TO THE PRESENT TIME.
IN OUR LETTER OF DECEMBER 9, 1968, B-165526, WE SAID THAT COMMANDER DESOBOLL RETIRED AS A COMMISSIONED OFFICER; THAT, THEREFORE, HIS CASE DOES NOT COME WITHIN THE PURVIEW OF 14 U.S.C. 362, THE STATUTE INVOLVED IN THE CASE OF MILLER V UNITED STATES, 180 CT.CL. 872 (1967), BUT THAT HE IS ENTITLED TO THE BENEFITS AUTHORIZED IN 14 U.S.C. 243 (1958 ED.) NOW 14 U.S.C. 334, THE LANGUAGE OF WHICH IS SUBSTANTIALLY THE SAME AS 14 U.S.C. 362. WE INDICATED THAT IF HIS PERFORMANCE OF DUTY IN THE GRADE OF CAPTAIN IN THE NAVY WAS DETERMINED BY THE SECRETARY OF THE NAVY TO HAVE BEEN SATISFACTORY, HIS CLAIM WOULD BE FOR ALLOWANCE.
IN VIEW OF THE STATEMENT CONTAINED IN LETTER DATED JANUARY 29, 1969, FROM THE ACTING SECRETARY OF THE NAVY THAT COMMANDER DESOBOLL'S PERFORMANCE OF DUTY IN THE GRADE OF CAPTAIN WAS SATISFACTORY IN EVERY RESPECT, HIS CLAIM FOR THE ADDITIONAL RETIRED PAY IS FOR ALLOWANCE UNDER THE RULE OF THE MILLER CASE AND WE ARE AUTHORIZING OUR CLAIMS DIVISION TO RELEASE FOR PAYMENT SETTLEMENT DATED AUGUST 16, 1968, WHICH WAS RECALLED FOR FURTHER CONSIDERATION.