B-123571, MAR. 26, 1956

B-123571: Mar 26, 1956

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DEPARTMENT OF THE ARMY: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 24. GENERAL ESTEVES' CLAIM FOR SUCH ADDITIONAL RETIREMENT PAY IS INCLUDED IN HIS PETITION IN THE CASE OF ESTEVES V. IT IS NOT THE PRACTICE OF THIS OFFICE TO RENDER AN ADVANCE DECISION ON A CLAIM WHICH IS PENDING IN THE COURT OF CLAIMS. THE VOUCHER WILL BE RETAINED HERE.

B-123571, MAR. 26, 1956

TO LIEUTENANT COLONEL M. L. JOHNSEN, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 24, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF MAJOR GENERAL LUIS R. ESTEVES, NATIONAL GUARD OF THE UNITED STATES, FOR THE DIFFERENCE BETWEEN THE RETIREMENT PAY OF A BRIGADIER GENERAL AND THE RETIREMENT PAY OF A MAJOR GENERAL FOR THE PERIOD AUGUST 18, 1954, TO JANUARY 31, 1956.

GENERAL ESTEVES' CLAIM FOR SUCH ADDITIONAL RETIREMENT PAY IS INCLUDED IN HIS PETITION IN THE CASE OF ESTEVES V. UNITED STATES, C.CLS. NO. 118-55, NOW PENDING BEFORE THE UNITED STATES COURT OF CLAIMS. IT IS NOT THE PRACTICE OF THIS OFFICE TO RENDER AN ADVANCE DECISION ON A CLAIM WHICH IS PENDING IN THE COURT OF CLAIMS. SEE 33 COMP. GEN. 479, 481, AND DECISION DATED JUNE 13, 1930, A-24790, CITED IN PARAGRAPH 10, ARMY REGULATIONS 35- 610, OCTOBER 13, 1952. PAYMENT NOT BEING AUTHORIZED ON THE PRESENT RECORD, THE VOUCHER WILL BE RETAINED HERE.