B-114302, MAY 9, 1958

B-114302: May 9, 1958

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HAMMONS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29. ON WHICH DATE YOU WERE TRANSFERRED TO THE FLEET NAVAL RESERVE OF THE UNITED STATES NAVAL RESERVE. THAT YOU WERE RECALLED TO ACTIVE DUTY AS ENLISTED FLEET RESERVIST ON JUNE 15. THAT YOU WERE TRANSFERRED TO THE RETIRED LIST OF THE NAVY ON FEBRUARY 1. YOU ORIGINALLY WERE PAID RETIRED PAY AT ONE-THIRD OF YOUR BASE PAY. YOUR CLAIM FOR THE DIFFERENCE BETWEEN THE AMOUNT PAID ON THAT BASIS AND 75 PERCENT OF YOUR ACTIVE DUTY PAY WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 16. SUCH ACTION WAS SUSTAINED IN DECISION B-114302. IN WHICH YOU WERE FURTHER ADVISED THAT YOUR ALTERNATE CLAIM FOR INCREASED RETIRED PAY BASED ON THE DECISION BY THE COURT OF CLAIMS IN THE CASE OF SANDERS V.

B-114302, MAY 9, 1958

TO MR. HOMER H. HAMMONS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29, 1957, RELATIVE TO YOUR CLAIM FOR ADDITIONAL RETIRED PAY FOR THE PERIOD APRIL 14, 1947, THROUGH SEPTEMBER 30, 1949.

THE RECORD SHOWS THAT YOU ENLISTED IN THE UNITED STATES NAVY ON APRIL 12, 1916; THAT YOU HAD CONTINUOUS ACTIVE SERVICE UNTIL JUNE 9, 1932, ON WHICH DATE YOU WERE TRANSFERRED TO THE FLEET NAVAL RESERVE OF THE UNITED STATES NAVAL RESERVE; THAT YOU WERE RECALLED TO ACTIVE DUTY AS ENLISTED FLEET RESERVIST ON JUNE 15, 1932; THAT YOU WERE TRANSFERRED TO THE RETIRED LIST OF THE NAVY ON FEBRUARY 1, 1946, AND RELEASED TO AN INACTIVE DUTY STATUS EFFECTIVE APRIL 13, 1947. FOR THE PERIOD APRIL 14, 1947, TO SEPTEMBER 30, 1949, YOU ORIGINALLY WERE PAID RETIRED PAY AT ONE-THIRD OF YOUR BASE PAY, PLUS LONGEVITY FOR OVER 30 YEARS' SERVICE. YOUR CLAIM FOR THE DIFFERENCE BETWEEN THE AMOUNT PAID ON THAT BASIS AND 75 PERCENT OF YOUR ACTIVE DUTY PAY WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 16, 1953. SUCH ACTION WAS SUSTAINED IN DECISION B-114302, DATED JUNE 15, 1953, IN WHICH YOU WERE FURTHER ADVISED THAT YOUR ALTERNATE CLAIM FOR INCREASED RETIRED PAY BASED ON THE DECISION BY THE COURT OF CLAIMS IN THE CASE OF SANDERS V. UNITED STATES, 120 C.CLS. 501, WOULD BE GIVEN CONSIDERATION. BY SETTLEMENT DATED JUNE 19, 1953, YOU WERE ALLOWED $813.08 AS AN ADJUSTMENT IN YOUR RETIRED PAY BASED ON THE SANDERS CASE. THAT IS, YOUR RETIRED PAY FOR THE PERIOD CLAIMED WAS INCREASED TO ONE-HALF OF YOUR BASE PAY, PLUS LONGEVITY. ON JUNE 25, 1953, YOU FILED A PETITION IN THE COURT OF CLAIMS FOR ADDITIONAL RETIRED PAY FOR THE PERIOD IN QUESTION AND UPON A STIPULATION FILED ON DECEMBER 22, 1953, BASED ON THE SANDERS CASE THE COURT RENDERED A JUDGMENT IN YOUR FAVOR IN THE AMOUNT OF $224.40 (C.CLS. NO. 283-53 (21), DECIDED FEBRUARY 2, 1954), REPRESENTING A FIVE PERCENT INCREASE FOR GOOD CONDUCT FOR THE PERIOD JUNE 25, 1947, TO SEPTEMBER 30, 1949. IN YOUR PRESENT LETTER YOU ASK FOR A FURTHER ADJUSTMENT IN YOUR RETIRED PAY (TO 75 PERCENT OF BASE PAY) FOR THE PERIOD APRIL 14, 1947, TO SEPTEMBER 30, 1949, SUCH REQUEST APPARENTLY BEING BASED ON THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF EBINGER, ET AL. (HENRY GRISSING, PLAINTIFF NO. 79) V. UNITED STATES, C.CLS. NO. 49615, DECIDED OCTOBER 9, 1957.

THIS OFFICE IS PRECLUDED FROM CONSIDERING YOUR CLAIM FOR THE PERIOD (JUNE 25, 1947, TO SEPTEMBER 30, 1949), COVERED BY THE COURT OF CLAIMS JUDGMENT IN YOUR CASE BY REASON OF THE PROVISIONS OF 28 U.S.C. 2517, WHICH ARE AS FOLLOWS:

"/A) EVERY FINAL JUDGMENT RENDERED BY THE COURT OF CLAIMS AGAINST THE UNITED STATES SHALL BE PAID OUT OF ANY GENERAL APPROPRIATION THEREFOR, ON PRESENTATION TO THE GENERAL ACCOUNTING OFFICE OF A CERTIFICATION OF THE JUDGMENT BY THE CLERK AND CHIEF JUDGE OF THE COURT.

"/B) PAYMENT OF ANY SUCH JUDGMENT AND OF INTEREST THEREON SHALL BE A FULL DISCHARGE TO THE UNITED STATES OF ALL CLAIMS AND DEMANDS ARISING OUT OF THE MATTERS INVOLVED IN THE CASE OR CONTROVERSY.'

SINCE THE JUDGMENT ENTERED BY THE COURT OF CLAIMS IN YOUR FAVOR ON FEBRUARY 2, 1954, CONSTITUTES A FINAL JUDGMENT AGAINST THE UNITED STATES WITHIN THE PURVIEW OF SUBSECTION (A) OF THE ABOVE-QUOTED SECTION AND SINCE THE JUDGMENT WAS PAID UPON CERTIFICATION TO THIS OFFICE, SUCH PAYMENT CONSTITUTES, UNDER SUBSECTION (B) OF THAT SECTION, A FULL DISCHARGE OF YOUR CLAIM FOR ANY ADJUSTMENT OF YOUR RETIRED PAY FOR THE PERIOD JUNE 25, 1947, TO SEPTEMBER 30, 1949. HOWEVER, THE AMOUNT DUE AS RETIRED PAY FOR THE PERIOD APRIL 14 TO JUNE 24, 1947, WILL BE RECOMPUTED ON THE BASIS OF THE COURT'S OPINION IN THE EBINGER CASE. A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.