B-125908, A-22279, FEB. 27, 1956

B-125908: Feb 27, 1956

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IT APPEARS THAT THE OFFICER WAS RETIRED MAY 31. THAT IT IS HIS BELIEF THAT HE HAS HAD MORE THAN 30 YEARS' SERVICE. IT WAS STATED THAT "THE CREDIT AUTHORIZED AS FOR DOUBLE TIME MERELY OPERATES TO PERMIT AN EARLIER RETIREMENT THAN OTHERWISE WOULD BE AUTHORIZED AND DOES NOT OPERATE TO INCREASE THE RATE OF ACTIVE DUTY OR RETIRED PAY.'. THERE WOULD APPEAR TO BE NO BASIS FOR INCREASING CAPTAIN CAVANAGH'S RETIRED PAY ON THE BASIS OF "DOUBLE TIME" AND YOU ARE NOT AUTHORIZED TO PAY HIM RETIRED PAY IN EXCESS OF $295.59 A MONTH. WILL BE RETAINED HERE.

B-125908, A-22279, FEB. 27, 1956

TO MR. H. R. OWSLEY, FINANCE OFFICER, VETERANS BENEFITS OFFICE:

YOUR LETTER DATED AUGUST 17, 1955, YOUR REFERENCE 3072-4ADA, REQUESTS A DECISION AS TO THE RATE OF RETIRED PAY AUTHORIZED TO BE PAID TO CAPTAIN JOHN CAVANAGH C 905205, CODE 60.

IT APPEARS THAT THE OFFICER WAS RETIRED MAY 31, 1928, UNDER THE PROVISIONS OF THE ACT OF MAY 24, 1928, 45 STAT. 735. CAPTAIN CAVANAGH INDICATES IN A LETTER DATED JUNE 7, 1955, THAT IT IS HIS BELIEF THAT HE HAS HAD MORE THAN 30 YEARS' SERVICE--- "INCLUDING DOUBLE TIME"--- AND THAT HIS RETIRED PAY SHOULD BE COMPUTED SO AS TO GIVE HIM CREDIT FOR THAT SERVICE.

IN A-29801, DATED SEPTEMBER 10, 1931, IT WAS STATED THAT "THE CREDIT AUTHORIZED AS FOR DOUBLE TIME MERELY OPERATES TO PERMIT AN EARLIER RETIREMENT THAN OTHERWISE WOULD BE AUTHORIZED AND DOES NOT OPERATE TO INCREASE THE RATE OF ACTIVE DUTY OR RETIRED PAY.' ACCORDINGLY, THERE WOULD APPEAR TO BE NO BASIS FOR INCREASING CAPTAIN CAVANAGH'S RETIRED PAY ON THE BASIS OF "DOUBLE TIME" AND YOU ARE NOT AUTHORIZED TO PAY HIM RETIRED PAY IN EXCESS OF $295.59 A MONTH, THE RATE NOW BEING PAID PURSUANT TO SECTION 6 OF THE ACT OF MARCH 31, 1955, 69 STAT. 23. HIS LETTER OF JUNE 7, 1955, WILL BE RETAINED HERE.