B-129859, JAN. 18, 1957

B-129859, JAN. 18, 1957

TO MAJOR FRANKLIN STEKERT, U.S. ARMY RESERVE, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 30, 1956, CONCERNING YOUR DISABILITY RETIRED PAY STATUS UNDER THE PROVISIONS OF SECTION 5, ACT OF APRIL 3, 1939, AS AMENDED, 10 U.S.C. (1952 ED.) 456, AND IN PARTICULAR THE MONTHLY RETIRED PAY PAID TO YOU BY THE DEPARTMENT OF THE ARMY DURING THE PERIOD JULY 1, 1950, TO FEBRUARY 28, 1953, INCLUSIVE, AMOUNTING TO $10,914.96.

ENCLOSED FOR YOUR INFORMATION IS A COPY OF LETTER OF TODAY, B 129859, TO THE SECRETARY OF THE ARMY ON YOUR CASE, HOLDING THAT UNDER THE RULE OF THE COURT OF CLAIMS DECISION OF JULY 12, 1955, RENDERED IN THE CASE OF FURMAN H. UPDIKE V. UNITED STATES, 132 C.CLS. 627, YOU ARE ENTITLED TO DISABILITY RETIRED PAY BENEFITS UNDER AUTHORITY OF THE 1939 LAW, ABOVE CITED, RETROACTIVELY EFFECTIVE FROM THE DAY FOLLOWING THE DATE OF YOUR RELEASE FROM EXTENDED ACTIVE DUTY.

ACCORDINGLY, ALL DEBT COLLECTION ACTION AGAINST YOU AS TO THE AMOUNT OF $10,914.96 WILL BE DISCONTINUED. YOU WILL NO DOUBT BE ADVISED BY THE DEPARTMENT OF THE ARMY, IN DUE COURSE, AS TO THE ACTION REQUIRED TO BE TAKEN IN REESTABLISHING YOUR RETIRED PAY ACCOUNT, INCLUDING THE ADJUSTMENTS WHICH MAY BE FOUND NECESSARY WITH RESPECT TO THE VETERANS ADMINISTRATION DISABILITY COMPENSATION RECEIVED BY YOU.