B-139908, MAY 11, 1961
Highlights
RETIRED: REFERENCE IS MADE TO YOUR LETTER OF MARCH 20. YOU REQUEST ADVICE AS TO WHETHER YOU ARE ELIGIBLE TO RECEIVE INCREASED RETIRED PAY UNDER AUTHORITY OF THOSE STATUTORY PROVISIONS. SINCE THE RECORD SHOWS THAT YOU ARE NOT AN OFFICER OF THE NAVY. THE PROVISIONS OF SECTION 412 (A) OF THE 1947 LAW ARE NOT APPLICABLE IN YOUR CASE. YOU ARE PLAINTIFF NO. 96 IN THE CASE OF JOHN C. YOUR CLAIM FOR INCREASED RETIRED PAY IS STILL PENDING BEFORE THE COURT OF CLAIMS.
B-139908, MAY 11, 1961
TO LIEUTENANT COLONEL ROY L. CECIL, AUS, RETIRED:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 20, 1961, IN WHICH YOU REFER TO THE DECISION OF MARCH 1, 1955, IN YARNALL V. UNITED STATES, 131 CT.CL. 111 (INVOLVING THE PROVISIONS OF SECTION 412 (A) OF THE OFFICER PERSONNEL ACT OF 1947, 61 STAT. 874), AND YOU REQUEST ADVICE AS TO WHETHER YOU ARE ELIGIBLE TO RECEIVE INCREASED RETIRED PAY UNDER AUTHORITY OF THOSE STATUTORY PROVISIONS.
SECTION 412 (A) OF THE OFFICER PERSONNEL ACT OF 1947 (34 U.S.C. 410N, 1946 ED., SUPP. I) BY ITS EXPRESS TERMS APPLIED ONLY TO OFFICERS OF THE "NAVY, MARINE CORPS, AND THE RESERVE COMPONENTS THEREOF.' SINCE THE RECORD SHOWS THAT YOU ARE NOT AN OFFICER OF THE NAVY, MARINE CORPS, OR OF THE RESERVE COMPONENTS OF THOSE SERVICES, THE PROVISIONS OF SECTION 412 (A) OF THE 1947 LAW ARE NOT APPLICABLE IN YOUR CASE.
YOU ARE PLAINTIFF NO. 96 IN THE CASE OF JOHN C. ABBOT, ET AL. V. UNITED STATES, CT.CL.NO. 235-59, AND YOUR CLAIM FOR INCREASED RETIRED PAY IS STILL PENDING BEFORE THE COURT OF CLAIMS. ACCORDINGLY, ANY FURTHER ARGUMENTS YOU DESIRE TO BE PRESENTED ON YOUR BEHALF IN THAT MATTER SHOULD BE SUBMITTED TO THE COUNSEL OF RECORD IN THE ABBOTT CASE.