A-67991, DECEMBER 6, 1935, 15 COMP. GEN. 476

A-67991: Dec 6, 1935

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RETIRED PAY - ARMY OFFICER - ACTIVE SERVICE AFTER RETIREMENT THE PERCENTAGE OF THE BASE AND LONGEVITY PAY OF A RETIRED ARMY OFFICER WHO WAS ORIGINALLY APPOINTED UNDER THE PROVISIONS OF THE ACT OF JUNE 4. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A SUPPLEMENTAL PAY ROLL TRANSMITTED THEREWITH CONSTITUTING THE CLAIM OF COL. THE OFFICIAL ARMY REGISTER FOR 1935 SHOWS THAT COLONEL JANSEN WAS BORN FEBRUARY 26. WAS RETIRED FEBRUARY 28. HE WAS ASSIGNED TO ACTIVE DUTY MARCH 24. IT IS STATED HE CONTINUED THEREON TO OCTOBER 15. THE DIFFERENCE IN PAY CLAIMED IS BY REASON OF ACTIVE DUTY PERFORMED SINCE RETIREMENT. THE TOTAL TO BE NOT MORE THAN 75 PERCENTUM. * * * THE PERCENTAGE OF THE OFFICER'S BASE AND LONGEVITY PAY THAT HE IS ENTITLED TO RECEIVE AS RETIRED PAY IS SPECIFICALLY FIXED BY THIS STATUTE AS 4 PERCENTUM MULTIPLIED BY 15 YEARS' COMMISSIONED SERVICE AT TIME OF RETIREMENT.

A-67991, DECEMBER 6, 1935, 15 COMP. GEN. 476

RETIRED PAY - ARMY OFFICER - ACTIVE SERVICE AFTER RETIREMENT THE PERCENTAGE OF THE BASE AND LONGEVITY PAY OF A RETIRED ARMY OFFICER WHO WAS ORIGINALLY APPOINTED UNDER THE PROVISIONS OF THE ACT OF JUNE 4, 1920, 41 STAT. 771, AT AN AGE GREATER THAN 45 YEARS, MAY NOT BE INCREASED BY REASON OF ACTIVE COMMISSIONED SERVICE PERFORMED AFTER RETIREMENT.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJ. E. C. MORTON, UNITED STATES ARMY, DECEMBER 6, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 4, 1935, FILE .016 (JANSEN, THOMAS E., NO. 01753) P AND MB--- MFC/FLB, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A SUPPLEMENTAL PAY ROLL TRANSMITTED THEREWITH CONSTITUTING THE CLAIM OF COL. THOMAS E. JANSEN, UNITED STATES ARMY, RETIRED, FOR $23.63, COVERING DIFFERENCE IN RETIRED PAY BETWEEN OVER 15 AND OVER 18 YEARS' COMMISSIONED SERVICE, WITH OVER 21 YEARS' LONGEVITY, FOR THE PERIOD OCTOBER 16 TO 31, 1935.

THE OFFICIAL ARMY REGISTER FOR 1935 SHOWS THAT COLONEL JANSEN WAS BORN FEBRUARY 26, 1869, THAT HE ACCEPTED APPOINTMENT IN THE REGULAR ARMY OCTOBER 1, 1920, AT AN AGE GREATER THAN 45 YEARS, AND WAS RETIRED FEBRUARY 28, 1933, BY OPERATION OF LAW, HAVING REACHED THE AGE OF 64 YEARS ON FEBRUARY 26, 1933, AT WHICH TIME HE HAD COMPLETED 15 YEARS' COMMISSIONED SERVICE. HE WAS ASSIGNED TO ACTIVE DUTY MARCH 24, 1933, AND IT IS STATED HE CONTINUED THEREON TO OCTOBER 15, 1935, AT WHICH TIME HE HAD COMPLETED 18 YEARS' COMMISSIONED SERVICE. THE DIFFERENCE IN PAY CLAIMED IS BY REASON OF ACTIVE DUTY PERFORMED SINCE RETIREMENT.

SECTION 24 OF THE ACT OF JUNE 4, 1920, 41 STAT. 771, PROVIDES:

* * * ANY PERSON ORIGINALLY APPOINTED UNDER THE PROVISIONS OF THIS ACT AT AN AGE GREATER THAN FORTY-FIVE YEARS SHALL, WHEN RETIRED, RECEIVE RETIRED PAY AT THE RATE OF 4 PERCENTUM OF ACTIVE PAY FOR EACH COMPLETE YEAR OF COMMISSIONED SERVICE IN THE UNITED STATES ARMY, THE TOTAL TO BE NOT MORE THAN 75 PERCENTUM. * * *

THE PERCENTAGE OF THE OFFICER'S BASE AND LONGEVITY PAY THAT HE IS ENTITLED TO RECEIVE AS RETIRED PAY IS SPECIFICALLY FIXED BY THIS STATUTE AS 4 PERCENTUM MULTIPLIED BY 15 YEARS' COMMISSIONED SERVICE AT TIME OF RETIREMENT, OR 60 PERCENTUM, AND SUCH ALLOWANCE IS NOT INCREASED BY ACTIVE SERVICE PERFORMED AFTER RETIREMENT. 8 COMP. GEN. 87; STEPHENSON V. UNITED STATES, CT.CLS. NO. 42608, JUNE 3, 1935.

YOU ARE ADVISED THAT PAYMENT IS NOT AUTHORIZED ON THE VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE.