B-125478, JAN. 13, 1956

B-125478, JAN. 13, 1956

TO MR. FLAVIANAO GRANDEA:

REFERENCE IS MADE TO YOUR LETTER OF JULY 15, 1955, WITH ENCLOSURE, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 12, 1954, BY WHICH YOU WERE ALLOWED THE SUM OF $4,711.93, REPRESENTING THE DIFFERENCE BETWEEN THE RETIRED PAY AUTHORIZED FOR A STAFF SERGEANT, ARMY OF THE UNITED STATES, WITH OVER 30 YEARS' SERVICE, AND THAT AUTHORIZED FOR A STAFF SERGEANT, PHILIPPINE SCOUTS, FOR THE PERIOD JUNE 1, 1946, TO JUNE 30, 1952, INCIDENT TO YOUR SERVICE AS A MEMBER OF THE ARMY OF THE UNITED STATES.

YOU SAY THAT YOU SHOULD BE PAID RETIRED PAY AS A STAFF SERGEANT AT THE RATE OF $177.72 A MONTH COMMENCING JUNE 1, 1946, AND THAT YOU ARE ENTITLED TO THE RETIRED PAY OF A MASTER SERGEANT UNDER THE PROVISIONS OF SECTION 511 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 829.

THE CITED SECTION 511, WHICH WAS EFFECTIVE OCTOBER 1, 1949, PROVIDES AMONG OTHER THINGS, THAT YOU COULD RECEIVE RETIRED PAY IN AN AMOUNT EQUAL TO 2 1/2 PERCENT OF THE MONTHLY BASIC PAY OF THE HIGHEST FEDERALLY RECOGNIZED RANK, GRADE OR RATING, WHETHER UNDER A PERMANENT OR TEMPORARY APPOINTMENT, SATISFACTORILY HELD AS DETERMINED BY THE SECRETARY CONCERNED, AND WHICH YOU WOULD BE ENTITLED TO RECEIVE IF SERVING ON ACTIVE DUTY IN SUCH RANK, GRADE OR RATING, MULTIPLIED BY THE NUMBER OF YEARS OF YOUR ACTIVE CREDITABLE SERVICE, PROVIDED THAT SUCH RETIRED PAY SHOULD NOT EXCEED 75 PERCENT OF THE MONTHLY BASIC PAY UPON WHICH THE COMPUTATION IS BASED.

THE RECORD SHOWS THAT YOU RETIRED FROM THE ARMY OF THE UNITED STATES ON MAY 31, 1946, AS A STAFF SERGEANT WITH OVER 30 YEARS' CREDITABLE SERVICE. YOU WERE PAID RETIRED PAY AS A STAFF SERGEANT, PHILIPPINE SCOUTS, DURING THE PERIOD OF YOUR CLAIM AT THE RATE OF $54 A MONTH FROM JUNE 1, 1946, THROUGH SEPTEMBER 30, 1949, AND AT THE RATE OF $77.63 A MONTH FROM OCTOBER 1, 1949, THROUGH JUNE 30, 1952. THE ADJUTANT GENERAL OF THE ARMY HAS NOW REPORTED THAT IT HAS BEEN DETERMINED THAT THE HIGHEST FEDERALLY RECOGNIZED RANK OR RATING SATISFACTORILY HELD BY YOU UNDER THE PROVISIONS OF THE CITED SECTION 511 WAS THAT OF MASTER SERGEANT.

ON THE BASIS OF THAT REPORT, YOU WERE ENTITLED TO RETIRED PAY (1) AT THE RATE OF $108 A MONTH (75 PERCENT OF $144) FOR THE MONTH OF JUNE 1946 AS A STAFF SERGEANT, ARMY OF THE UNITED STATES, WITH OVER 30 YEARS' SERVICE UNDER THE RATES FIXED BY THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, (2) AT THE RATE OF $129.38 A MONTH (75 PERCENT OF $172.50) FOR THE MONTHS OF JULY 1946 THROUGH SEPTEMBER 1949 AS A STAFF SERGEANT, ARMY OF THE UNITED STATES, WITH OVER 30 YEARS' SERVICE, UNDER THE RATES FIXED BY THE ACT OF JUNE 29, 1946, 60 STAT. 343, (3) AT THE RATE OF $220.50 A MONTH (75 PERCENT OF $294) FOR THE MONTHS OF OCTOBER 1949 THROUGH APRIL 1952 AS A MASTER SERGEANT, ARMY OF THE UNITED STATES, WITH OVER 30 YEARS' SERVICE, UNDER THE RATES FIXED BY THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, AND (4) AT THE RATE OF $229.32 A MONTH (75 PERCENT OF $305.76) FOR THE MONTHS OF MAY AND JUNE 1952 AS A MASTER SERGEANT, ARMY OF THE UNITED STATES, WITH OVER 30 YEARS' SERVICE, UNDER THE RATES FIXED BY THE ACT OF MAY 19, 1952, 66 STAT. 79. FROM THE AMOUNTS INDICATED THERE MUST BE DEDUCTED ALL AMOUNTS RECEIVED BY YOU AS RETIRED PAY DURING THAT PERIOD. SETTLEMENT WILL ISSUE IN YOUR FAVOR IN DUE COURSE FOR THE BALANCE FOUND TO BE DUE.