B-117116, AUG. 22, 1955

B-117116, AUG. 22, 1955

TO COLONEL JAMES H. SMITH, USA, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 30, 1955, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL RETIRED PAY BEGINNING OCTOBER 1, 1949, AS A RETIRED OFFICER OF THE UNITED STATES ARMY.

THE QUESTION OF YOUR RIGHT TO RECEIVE RETIRED PAY IN AN AMOUNT GREATER THAN THAT WHICH HAS BEEN PAID TO YOU, EFFECTIVE FROM OCTOBER 1, 1949, WAS CAREFULLY CONSIDERED PURSUANT TO YOUR REQUEST OF OCTOBER 5, 1954, AND YOU WERE FULLY INFORMED IN OUR DECISION OF MAY 5, 1955, B-117116, OF THE REASONS REQUIRING THE DISALLOWANCE OF YOUR CLAIM. YOUR LETTER CONTAINS NO INFORMATION OR FACTS NOT PREVIOUSLY CONSIDERED AND, HENCE, DOES NOT WARRANT ANY DIFFERENT ACTION FROM THAT HERETOFORE TAKEN ON THE MATTER.

THE OPINION IN THE DANIELSON CASE, 121 C.CLS. 533, DECIDED FEBRUARY 5, 1952, REFERRED TO IN YOUR LETTER AS AUTHORITY FOR ALLOWING YOUR CLAIM, WAS EXPRESSLY CITED AND GIVEN ITS PROPER APPLICATION IN THE DECISION OF MAY 5, 1955. SUCH OPINION DID NOT, HOWEVER, CONSTITUTE A PRECEDENT FOR THE PAYMENT OF YOUR CLAIM.

INASMUCH AS THE RECORD SHOWS THAT YOU HAVE RECEIVED RETIRED PAY, EFFECTIVE FROM OCTOBER 1, 1949, IN THE AMOUNT AUTHORIZED BY THE APPLICABLE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, NO ADDITIONAL AMOUNT OF RETIRED PAY IS DUE YOU AND THE CONCLUSION REACHED IN OUR DECISION OF MAY 5, 1955, IS ADHERED TO. ..END :