B-104757, JUL. 10, 1957

B-104757: Jul 10, 1957

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ATTORNEYS AT LAW: REFERENCE IS MADE TO YOUR LETTER OF MAY 29. THERE IS NOW PENDING IN THE COURT OF CLAIMS A PETITION NO. 207-57. THE SAME STATUTORY PROVISIONS AND THE IDENTICAL ISSUES PRESENTED IN THE ALTERNATIVE CLAIMS PRESENTED TO THIS OFFICE ARE ALSO FOR CONSIDERATION BY THE COURT OF CLAIMS ON THE PETITION NO. 207-57. FINAL ACTION WILL NOT BE TAKEN BY THIS OFFICE ON THE ALTERNATIVE CLAIMS PRESENTED HERE FOR THE PERIOD MAY 31.

B-104757, JUL. 10, 1957

TO ANSELL AND ANSELL, ATTORNEYS AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1957, PRESENTING ALTERNATIVE CLAIMS ON BEHALF OF WILLIS WILKINSON HUBBARD, MAJOR, UNITED STATES ARMY, RETIRED, FOR ADDITIONAL RETIRED PAY FOR THE PERIOD MAY 31, 1947, TO MARCH 31, 1951, INCLUSIVE.

THERE IS NOW PENDING IN THE COURT OF CLAIMS A PETITION NO. 207-57, FILED APRIL 29, 1957, IN THE CASE OF WILLIS WILKINSON HUBBARD V. UNITED STATES, FOR ADDITIONAL RETIRED PAY REPRESENTING THE DIFFERENCE BETWEEN RETIRED PAY COMPUTED AT THE RATE OF 75 PERCENTUM OF THE ACTIVE DUTY PAY OF A MAJOR WITH OVER 30 YEARS' SERVICE (OR IN THE ALTERNATIVE, ON THE BASIS OF THE ACTIVE-DUTY PAY OF A MAJOR WITH OVER 27 YEARS' SERVICE) AND THE RETIRED PAY RECEIVED BY HIM COMPUTED AT THE RATE OF 75 PERCENTUM OF THE BASE PAY OF A MAJOR (AN OFFICER OF THE FOURTH PAY PERIOD, PLUS 50 PERCENTUM LONGEVITY INCREASE) FOR THE PERIOD FROM APRIL 1, 1951, TO DATE OF JUDGMENT.

THE SAME STATUTORY PROVISIONS AND THE IDENTICAL ISSUES PRESENTED IN THE ALTERNATIVE CLAIMS PRESENTED TO THIS OFFICE ARE ALSO FOR CONSIDERATION BY THE COURT OF CLAIMS ON THE PETITION NO. 207-57. ACCORDINGLY, FINAL ACTION WILL NOT BE TAKEN BY THIS OFFICE ON THE ALTERNATIVE CLAIMS PRESENTED HERE FOR THE PERIOD MAY 31, 1947, TO MARCH 31, 1951, INCLUSIVE, UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN THE COURT OF CLAIMS.