B-122603, SEP. 1, 1955

B-122603, SEP. 1, 1955

TO MR. WILLIAM A. KIMBLE:

YOUR LETTER OF JULY 21, 1955, REQUESTS REVIEW OF SETTLEMENT DATED JULY 15, 1955, WHICH DISALLOWED YOUR CLAIM UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 20, 1954, PUBLIC LAW 300, 68 STAT. 18, FOR RETIRED PAY AS A RETIRED OFFICER OF THE UNITED STATES ARMY RESERVE COVERING THE PERIOD FROM APRIL 9, 1951, TO JULY 2, 1954, WHILE YOU WERE EMPLOYED BY THE UNITED STATES GOVERNMENT IN A CIVILIAN CAPACITY.

THE CITED ACT OF FEBRUARY 20, 1954, AMENDS SECTION 212 OF THE ACT OF JUNE 30, 1932, 47 STAT. 406, TO MAKE INAPPLICABLE THE PROVISIONS OF THAT ACT PROHIBITING THE CONCURRENT RECEIPT OF RETIRED PAY INCIDENT TO COMMISSIONED MILITARY SERVICE AND COMPENSATION FROM CIVILIAN EMPLOYMENT UNDER THE FEDERAL GOVERNMENT AT A COMBINED RATE IN EXCESS OF $3,000 PER ANNUM TO REGULAR OR EMERGENCY COMMISSIONED OFFICERS RETIRED FOR DISABILITY INCURRED IN COMBAT WITH AN ENEMY OF THE UNITED STATES OR CAUSED BY AN INSTRUMENTALITY OF WAR AND INCURRED IN LINE OF DUTY. YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT YOUR RETIREMENT WAS NOT FOR PHYSICAL DISABILITY AS REQUIRED FOR BENEFITS UNDER SUCH ACT BUT WAS EFFECTED BY VIRTUE OF AGE AND SERVICE UNDER THE PROVISIONS OF TITLE III OF THE ACT OF JUNE 29, 1948, PUBLIC LAW 810, 62 STAT. 1087.

YOU HAVE CITED EVIDENCE OF PHYSICAL INCAPACITY SUFFERED DURING YOUR MILITARY SERVICE BEFORE RETIREMENT RESULTING FROM AN ACCIDENT WHICH OCCURRED WHILE YOU WERE IN ACTIVE SERVICE AT CAMP LEE, VIRGINIA, IN 1918, APPARENTLY IN THE BELIEF THAT YOUR RETIREMENT SHOULD HAVE BEEN EFFECTED FOR REASONS OF PHYSICAL DISABILITY AND THAT SUCH CIRCUMSTANCES MIGHT BE CONSIDERED AS QUALIFYING YOU FOR BENEFITS UNDER THE ACT OF FEBRUARY 20, 1954. IN THAT REGARD YOU ARE ADVISED THAT BECAUSE OF THE EXPRESS LIMITATION OF BENEFITS OF THAT ACT TO THOSE PERSONS RETIRED FOR DISABILITY THERE EXISTS NO LEGAL BASIS FOR A DETERMINATION THAT AN OFFICER RETIRED FOR OTHER CAUSE MIGHT ALSO BENEFIT UNDER THE ACT. CONSEQUENTLY, THE SETTLEMENT OF JULY 15, 1955, MUST BE SUSTAINED.

IF YOU BELIEVE, HOWEVER, THAT THERE EXISTS SUFFICIENT JUSTIFICATION TO SUPPORT YOUR CONTENTION THAT YOU SHOULD HAVE BEEN RETIRED FOR PHYSICAL DISABILITY, YOUR ATTENTION IS INVITED TO THE ACT OF OCTOBER 25, 1951, PUBLIC LAW 220, 65 STAT. 655, ENTITLED "AN ACT TO AMEND SECTION 207 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946 SO AS TO AUTHORIZE PAYMENT OF CLAIMS ARISING FROM THE CORRECTION OF MILITARY OR NAVAL RECORDS," WHICH PROVIDES A MEANS FOR THE CORRECTION OF ANY MILITARY OR NAVAL RECORD WHERE, IN THE JUDGMENT OF THE SECRETARY OF THE ARMY, NAVY, AIR FORCE, OR TREASURY (COAST GUARD), AS APPROPRIATE, SUCH ACTION IS NECESSARY TO "CORRECT AN ERROR OR REMOVE AN INJUSTICE.'

WITH REFERENCE TO YOUR FURTHER QUESTION IT IS SUGGESTED THAT INQUIRIES AS TO THE PROCEDURES TO BE FOLLOWED IN PRESENTING YOUR CLAIM BEFORE THE UNITED STATES COURT OF CLAIMS SHOULD BE DIRECTED TO THE CLERK OF THAT COURT.

BY REFERENCE FROM THE DEPARTMENT OF COMMERCE THERE WAS RECEIVED YOUR LETTER OF AUGUST 3, 1955, CONCERNING CHECKS TO BE ISSUED INCIDENT TO THE SETTLEMENT OF JUNE 22, 1955, OF YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR SERVICE WHILE A CIVILIAN EMPLOYEE OF THAT DEPARTMENT, TOGETHER WITH A COPY OF THEIR REPLY TO YOU DATED AUGUST 10, 1955. YOU ARE ADVISED THAT ADJUSTMENT OF THE MATTER WILL BE MADE PROMPTLY AND THAT CHECKS WILL BE ISSUED ON THE BASIS INDICATED IN THE SETTLEMENT OF JUNE 22, 1955, IN THE NEAR FUTURE.