B-125164, DEC. 28, 1955

B-125164: Dec 28, 1955

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WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF FEBRUARY 21. WHILE YOU WERE ON ACTIVE DUTY AS A RETIRED MEMBER OF THE FLEET RESERVE. WHEN YOU WERE TRANSFERRED TO THE FLEET RESERVE. YOU WERE PLACED ON THE RETIRED LIST ON FEBRUARY 1. YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT YOUR SERVICE DURING THE PERIOD IN QUESTION. INCLUDED NO SERVICE CREDIT FOR THE PERIOD OF INACTIVE DUTY FROM THE DATE YOU WERE PLACED ON THE RETIRED LIST. IT WAS HELD IN DECISION OF JANUARY 19. THAT RETIRED ENLISTED MEN OF THE NAVAL RESERVE APPOINTED TO TEMPORARY COMMISSIONED RANK AFTER THEIR RECALL TO ACTIVE DUTY ARE ENTITLED UNDER SECTION 3 OF THE ACT OF JUNE 16. SIMILAR AUTHORITY FOR RETIRED ENLISTED MEN OF THE NAVAL RESERVE SERVING ON ACTIVE DUTY IN AN ENLISTED CAPACITY TO INCLUDE CREDIT FOR INACTIVE TIME ON THE RETIRED LIST IN THE COMPUTATION OF THEIR ACTIVE DUTY PAY IS CONTAINED IN SECTION 1 OF THE ACT OF SEPTEMBER 7.

B-125164, DEC. 28, 1955

TO FRANK KELICHER, CGM (AA), USN, RETIRED:

YOUR LETTER OF MARCH 8, 1955, FORWARDED HERE BY THE U.S. NAVY FINANCE CENTER, CLEVELAND, OHIO, WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF FEBRUARY 21, 1945, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE BETWEEN ACTIVE DUTY PAY WITH OVER 27 YEARS' SERVICE AND OVER 30 YEARS' SERVICE COVERING THE PERIOD JUNE 1, 1942, TO SEPTEMBER 11, 1943, WHILE YOU WERE ON ACTIVE DUTY AS A RETIRED MEMBER OF THE FLEET RESERVE.

IT APPEARS THAT YOU HAD ENLISTED SERVICE IN THE REGULAR NAVY FROM FEBRUARY 19, 1913, TO APRIL 14, 1916, FROM APRIL 17, 1916, TO NOVEMBER 1, 1923, AND FROM NOVEMBER 8, 1923, TO NOVEMBER 7, 1929, WHEN YOU WERE TRANSFERRED TO THE FLEET RESERVE. YOU WERE PLACED ON THE RETIRED LIST ON FEBRUARY 1, 1940, AND SUBSEQUENTLY PERFORMED ACTIVE DUTY FROM APRIL 3, 1942, TO SEPTEMBER 11, 1943. IN THE SETTLEMENT OF FEBRUARY 21, 1945, YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT YOUR SERVICE DURING THE PERIOD IN QUESTION, COUNTABLE FOR LONGEVITY PAY PURPOSES UNDER THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, TOTALED MORE THAN 27 BUT LESS THAN 30 YEARS. SUCH COMPUTATION, HOWEVER, INCLUDED NO SERVICE CREDIT FOR THE PERIOD OF INACTIVE DUTY FROM THE DATE YOU WERE PLACED ON THE RETIRED LIST, FEBRUARY 1, 1940, UNTIL APRIL 2, 1942, THE DAY PRIOR TO THE DATE YOU REPORTED FOR ACTIVE DUTY.

IT WAS HELD IN DECISION OF JANUARY 19, 1943, 22 COMP. GEN. 664, THAT RETIRED ENLISTED MEN OF THE NAVAL RESERVE APPOINTED TO TEMPORARY COMMISSIONED RANK AFTER THEIR RECALL TO ACTIVE DUTY ARE ENTITLED UNDER SECTION 3 OF THE ACT OF JUNE 16, 1942, 56 STAT. 360, AS AMENDED BY THE ACT OF DECEMBER 2, 1942, 56 STAT. 1037, TO INCLUDE CREDIT FOR THEIR INACTIVE TIME ON THE RETIRED LIST FOR LONGEVITY PAY PURPOSES IN THE COMPUTATION OF THEIR ACTIVE DUTY PAY. SIMILAR AUTHORITY FOR RETIRED ENLISTED MEN OF THE NAVAL RESERVE SERVING ON ACTIVE DUTY IN AN ENLISTED CAPACITY TO INCLUDE CREDIT FOR INACTIVE TIME ON THE RETIRED LIST IN THE COMPUTATION OF THEIR ACTIVE DUTY PAY IS CONTAINED IN SECTION 1 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 729, FURTHER AMENDING SECTION 3 OF THE ACT OF JUNE 16, 1942, EFFECTIVE JUNE 1, 1942. IT APPEARS, THEREFORE, THAT IN ADDITION TO THE SERVICE PREVIOUSLY CREDITED TO YOUR FOR LONGEVITY PAY PURPOSES YOU ARE PROPERLY ENTITLED TO CREDIT FOR THE PERIOD OF INACTIVE TIME ON THE RETIRED LIST FROM FEBRUARY 1, 1940, TO APRIL 2, 1942, IN THE COMPUTATION OF YOUR ACTIVE DUTY PAY. ACCORDINGLY, IN A SETTLEMENT TO ISSUE IN DUE COURSE, YOU WILL BE ALLOWED THE AMOUNT FOUND DUE YOU ON THE BASIS OF SUCH ADDITIONAL SERVICE CREDITS.