B-165526, AUG. 8, 1969
Highlights
CL. 872 (1967) HAVE HIS RETIRED PAY COMPUTED ON THE BASIS OF THE HIGHEST GRADE SATISFACTORY HELD (MAJOR) WHILE IN ARMY AIR CORPS. SECRETARY: REFERENCE IS MADE TO LETTER OF JULY 28. IS ENTITLED TO COMPUTE HIS RETIRED PAY ON THE PAY OF LIEUTENANT COMMANDER. UNDERSTAND THAT HE WAS RETIRED UNDER THE PROVISIONS OF 14 U.S.C. 355. THEREFORE HE IS ENTITLED TO COMPUTE HIS RETIRED PAY UNDER THE PROVISIONS OF 14 U.S.C. 362. THE COURT OF CLAIMS HELD THAT A RETIRED ENLISTED MEMBER OF THE COAST GUARD IS ENTITLED. WE DETERMINED THAT THE DECISION IN THE MILLER CASE WILL BE ACCEPTED BY THIS OFFICE AS GOVERNING OTHER LIKE CASES ARISING UNDER 14 U.S.C. 362. WHICH IS APPLICABLE IN MR. HE IS ENTITLED TO COMPUTE HIS RETIRED PAY ON THE PAY OF THE GRADE OF LIEUTENANT COMMANDER (0-4) UPON ADVANCEMENT TO THAT GRADE.
B-165526, AUG. 8, 1969
MILITARY - RETIRED PAY DECISION TO SECRETARY OF TRANSPORTATION CONCLUDING THAT RETIRED ENLISTED MEMBER OF COAST GUARD WHO HAD SERVED SATISFACTORILY AS COMMISSIONED OFFICER IN ARMY OF THE UNITED STATES, AIR CORPS, MAY IN ACCORDANCE WITH DECISION IN MILLER V UNITED STATES, 180 CT. CL. 872 (1967) HAVE HIS RETIRED PAY COMPUTED ON THE BASIS OF THE HIGHEST GRADE SATISFACTORY HELD (MAJOR) WHILE IN ARMY AIR CORPS.
TO MR. SECRETARY:
REFERENCE IS MADE TO LETTER OF JULY 28, 1969, FROM THE COMMANDANT, UNITED STATES COAST GUARD, REQUESTING DECISION WHETHER THOMAS J. GORMAN, CBM, 275 -567, USCG (RETIRED), IS ENTITLED TO COMPUTE HIS RETIRED PAY ON THE PAY OF LIEUTENANT COMMANDER, U.S. COAST GUARD, FROM JUNE 1, 1965, THE EFFECTIVE DATE OF HIS RETIREMENT FROM THE COAST GUARD.
THE RECORD INDICATES THAT MR. GORMAN SERVED AS A COMMISSIONED OFFICER IN THE ARMY OF THE UNITED STATES, AIR CORPS, FROM DECEMBER 9, 1942, TO MAY 1, 1946, AND THAT THE SECRETARY OF THE AIR FORCE HAS DETERMINED THAT HE SERVED SATISFACTORILY IN THE GRADE OF MAJOR (0-4) FROM FEBRUARY 16, 1945, TO MAY 1, 1946. THE RECORD FURTHER SHOWS THAT HE RETIRED FROM THE U.S. COAST GUARD ON JUNE 1, 1965, IN THE GRADE OF CHIEF BOATSWAIN'S MATE. UNDERSTAND THAT HE WAS RETIRED UNDER THE PROVISIONS OF 14 U.S.C. 355, AND THEREFORE HE IS ENTITLED TO COMPUTE HIS RETIRED PAY UNDER THE PROVISIONS OF 14 U.S.C. 362.
IN MILLER V UNITED STATES, 180 CT. CL. 872 (1967), THE COURT OF CLAIMS HELD THAT A RETIRED ENLISTED MEMBER OF THE COAST GUARD IS ENTITLED, UNDER THE PROVISIONS OF 14 U.S.C. 362, TO COMPUTE HIS RETIRED PAY ON THE BASIS OF THE HIGHEST GRADE IN WHICH HE HAD PREVIOUSLY SERVED IN THE NAVY. OUR DECISION OF DECEMBER 9, 1968, B-165526, WE DETERMINED THAT THE DECISION IN THE MILLER CASE WILL BE ACCEPTED BY THIS OFFICE AS GOVERNING OTHER LIKE CASES ARISING UNDER 14 U.S.C. 362, WHICH IS APPLICABLE IN MR. GORMAN'S CASE.
ACCORDINGLY, SINCE THE SECRETARY OF THE AIR FORCE HAS DETERMINED THAT MR. GORMAN SERVED SATISFACTORILY IN THE GRADE OF MAJOR WHILE SERVING IN THE ARMY AIR CORPS, HE IS ENTITLED TO COMPUTE HIS RETIRED PAY ON THE PAY OF THE GRADE OF LIEUTENANT COMMANDER (0-4) UPON ADVANCEMENT TO THAT GRADE, RETROACTIVE TO THE DATE OF HIS RETIREMENT, JUNE 1, 1965.