B-121554, SEP. 8, 1955

B-121554: Sep 8, 1955

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IT APPEARS THAT COLONEL COCKRILL IS ENTITLED TO CREDIT OF ADDITIONAL RETIRED PAY RETROACTIVE TO DECEMBER 16. 891 IN QUESTION IS A PART. 622.64 DUE HIM WAS BEING WITHHELD BECAUSE OF HIS INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $16. IT WAS UNDERSTOOD THAT SUCH BILL WOULD CONTAIN A PROVISION REGARDING THE DISPOSITION OF ANY WITHHELD RETIRED PAY. HE IS HEREBY. WHICH WE ARE RETAINING. IS NOT AUTHORIZED.

B-121554, SEP. 8, 1955

TO LIEUTENANT COLONEL EUGENE PALETZ, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF NOVEMBER 26, 1954, WITH ENCLOSURES, REQUESTS DECISION WHETHER PAYMENT MAY BE MADE ON A VOUCHER, STATED IN FAVOR OF COLONEL MCFARLAND COCKRILL, 0-4938, USA, RETIRED, IN THE AMOUNT OF $2,891, COVERING PAYMENT OF ADDITIONAL RETIRED PAY FOR THE PERIOD JULY 1, 1952, THROUGH JULY 31, 1954, DUE THE OFFICER AS A RESULT OF HIS ELECTION UNDER SECTION 411 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 823.

IT APPEARS THAT COLONEL COCKRILL IS ENTITLED TO CREDIT OF ADDITIONAL RETIRED PAY RETROACTIVE TO DECEMBER 16, 1951, TOTALING $3,622.64, OF WHICH THE $2,891 IN QUESTION IS A PART. BY LETTER DATED AUGUST 2, 1954, THE RETIRED PAY DIVISION, ARMY FINANCE CENTER, INFORMED COLONEL COCKRILL THAT THIS TOTAL SUM OF $3,622.64 DUE HIM WAS BEING WITHHELD BECAUSE OF HIS INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $16,050, RESULTING FROM THE RECEIPT BY HIM OF DUAL COMPENSATION FROM NOVEMBER 1, 1946, TO DECEMBER 15, 1951, IN CONTRAVENTION OF SECTION 212 OF THE ACT OF JUNE 30, 1932, AS AMENDED, 5 U.S.C. 59A.

WE HAD BEEN ADVISED THAT A BILL FOR THE RELIEF OF THE OFFICER WOULD BE INTRODUCED IN THE 84TH CONGRESS, AND IT WAS UNDERSTOOD THAT SUCH BILL WOULD CONTAIN A PROVISION REGARDING THE DISPOSITION OF ANY WITHHELD RETIRED PAY.

PRIVATE LAW 423, 84TH CONGRESS, 1ST SESSION, APPROVED AUGUST 9, 1955,"FOR THE RELIEF OF COLONEL MCFARLAND COCKRILL," PROVIDES IN MATERIAL PART, AS FOLLOWS:

"THAT, EXCEPT AS HEREINAFTER PROVIDED, MCFARLAND COCKRILL, COLONEL, UNITED STATES ARMY, RETIRED, 04938, BE, AND HE IS HEREBY, RELIEVED OF ANY AND ALL LIABILITY TO THE UNITED STATES FOR ANY AMOUNTS PAID TO HIM AS SALARY BY THE PORT SAM HOUSTON GOLF CLUB, A NONAPPROPRIATED FUND ACTIVITY OF THE ARMY, AND ANY AMOUNTS PAID TO HIM AS RETIRED PAY FROM THE UNITED STATES ARMY, DURING THE PERIOD BEGINNING NOVEMBER 1, 1946, AND ENDING DECEMBER 15, 1951, BOTH DATES INCLUSIVE; PROVIDED, HOWEVER, THAT ANY SUMS HERETOFORE WITHHELD FROM THE RETIRED PAY OF COLONEL COCKRILL SHALL BE RETAINED BY THE UNITED STATES.'

THE LEGISLATIVE HISTORY OF THE LAW SHOWS THAT THE QUOTED PROVISO APPLIES SPECIFICALLY TO THE RETIRED PAY OF $3,622.64 WHICH HAD BEEN WITHHELD BECAUSE OF THE OFFICER'S INDEBTEDNESS. ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH WE ARE RETAINING, IS NOT AUTHORIZED.