B-139275, OCT. 9, 1959

B-139275: Oct 9, 1959

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ATTORNEYS AT LAW: REFERENCE IS MADE TO YOUR LETTER OF JULY 22. COLONEL NANCE'S CLAIM WAS DISALLOWED FOR THE REASON THAT SUCH CADET SERVICE WAS NOT CREDITABLE FOR LONGEVITY PAY PURPOSES IN THE COMPUTATION OF RETIRED PAY SINCE HE WAS NOT A COMMISSIONED OFFICER IN THE SERVICE ON JUNE 30. ALSO HE WAS ADVISED THAT HE HAD BEEN OVERPAID RETIRED PAY IN OUR SETTLEMENTS OF JULY 17. WHEN HE WAS GRADUATED AND COMMISSIONED IN THE REGULAR ARMY. AT WHICH TIME HE WAS SEPARATED FROM THE SERVICE. WHEREIN IT WAS HELD THAT THE 1922 ACT (JOINT SERVICE PAY ACT OF JUNE 10. FINAL JUDGMENT HAS NOT BEEN ENTERED IN THE JALBERT CASE AND UNTIL IT HAS BEEN DETERMINED THAT NO FURTHER ACTION WILL BE TAKEN BY THE GOVERNMENT IN THAT CASE.

B-139275, OCT. 9, 1959

TO EMORY AND WOOD, ATTORNEYS AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF JULY 22, 1959, REQUESTING FURTHER CONSIDERATION OF THE CLAIM OF COLONEL CURTIS H. NANCE, AUS, RETIRED, FOR INCREASED RETIRED PAY PREDICATED ON SERVICE AS A CADET AT THE UNITED STATES MILITARY ACADEMY, AND ALSO THE MATTER OF THE INDEBTEDNESS OF COLONEL NANCE TO THE UNITED STATES ARISING FROM AN OVERPAYMENT OF RETIRED PAY. BY OUR CLAIMS DIVISION SETTLEMENT DATED JULY 13, 1959, COLONEL NANCE'S CLAIM WAS DISALLOWED FOR THE REASON THAT SUCH CADET SERVICE WAS NOT CREDITABLE FOR LONGEVITY PAY PURPOSES IN THE COMPUTATION OF RETIRED PAY SINCE HE WAS NOT A COMMISSIONED OFFICER IN THE SERVICE ON JUNE 30, 1922, AND ALSO HE WAS ADVISED THAT HE HAD BEEN OVERPAID RETIRED PAY IN OUR SETTLEMENTS OF JULY 17, 1956, AND SEPTEMBER 5, 1956, SINCE THE CADET SERVICE HAD BEEN IMPROPERLY INCLUDED FOR LONGEVITY PAY PURPOSES IN THE COMPUTATION OF THE RETIRED PAY ALLOWED.

IT APPEARS THAT COLONEL NANCE SERVED AS A CADET, UNITED STATES MILITARY ACADEMY, FROM JUNE 15, 1907, TO JUNE 13, 1911, WHEN HE WAS GRADUATED AND COMMISSIONED IN THE REGULAR ARMY. HE THEREAFTER SERVED AS A COMMISSIONED OFFICER IN THE REGULAR ARMY UNTIL FEBRUARY 4, 1920, AT WHICH TIME HE WAS SEPARATED FROM THE SERVICE. COLONEL NANCE REENTERED THE SERVICE ON SEPTEMBER 28, 1923, AS A COMMISSIONED OFFICER IN THE UNITED STATES ARMY RESERVE.

IN YOUR LETTER YOU REFER TO THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF HORACE J. JALBERT V. UNITED STATES, NO. 297-58, DECIDED JULY 15, 1959, WHEREIN IT WAS HELD THAT THE 1922 ACT (JOINT SERVICE PAY ACT OF JUNE 10, 1922, SECTION 1, 42 STAT. 627) PRESERVED THE RIGHT TO CREDIT MILITARY ACADEMY CADET SERVICE UNDER AN APPOINTMENT MADE PRIOR TO AUGUST 24, 1912, AND NAVAL ACADEMY MIDSHIPMAN SERVICE UNDER AN APPOINTMENT MADE PRIOR TO MARCH 4, 1913, TO EVERYONE WHO HAD ACQUIRED THAT RIGHT PRIOR TO THE EFFECTIVE DATE OF THE ACT OF JUNE 10, 1922, SUPRA.

FINAL JUDGMENT HAS NOT BEEN ENTERED IN THE JALBERT CASE AND UNTIL IT HAS BEEN DETERMINED THAT NO FURTHER ACTION WILL BE TAKEN BY THE GOVERNMENT IN THAT CASE, IT COULD NOT FORM A PRECEDENT FOR HANDLING OTHER CASES. THIS CONNECTION, IT MAY BE STATED THAT THE MAJORITY DECISION IN THE JALBERT CASE IS NOT IN AGREEMENT WITH THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF HILTON V. UNITED STATES, 99 C.CLS. 386, WHICH WAS NOT CITED, MODIFIED OR OVERRULED.

IN VIEW OF THE ABOVE CIRCUMSTANCES WE MUST SUSTAIN THE DISALLOWANCE OF COLONEL NANCE'S CLAIM FOR ADDITIONAL RETIRED PAY, AND THE DETERMINATION OF HIS INDEBTEDNESS.

Nov 22, 2017

Nov 21, 2017

  • A-P-T Research, Inc.
    We deny the protest in part and dismiss the protest in part.
    B-414825,B-414825.2

Nov 20, 2017

Nov 16, 2017

  • HBI-GF, JV
    We deny the protest.
    B-415036
  • Epsilon Systems Solutions, Inc.
    We dismiss the protest because it raises a matter of contract administration over which we do not exercise jurisdiction.
    B-414410.4

Nov 15, 2017

Looking for more? Browse all our products here