B-129361, OCT. 24, 1956

B-129361: Oct 24, 1956

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RETIRED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13. YOUR CLAIM IS BASED ON THE HOLDING IN THE CASE OF SEAGRAVE V. WAS THAT ONCE APPLICATION WAS MADE THEREFOR. IN OUR DECISION MENTION IS MADE OF A BILL. WHILE ACTION UPON THE BILL WAS NOT COMPLETED IN THE HOUSE OF REPRESENTATIVES PRIOR TO THE ADJOURNMENT OF THE CONGRESS. THE INTRODUCTION OF THE BILL INDICATES THAT THERE IS SOME QUESTION AS TO WHETHER THE DECISION OF THE COURT OF CLAIMS PROPERLY REFLECTS THE INTENT OF CONGRESS IN THE MATTER. A COPY OF WHICH IS ENCLOSED. WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.

B-129361, OCT. 24, 1956

TO MAJOR JOHN J. SULLIVAN, USAR, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13, 1956, PROTESTING OUR SETTLEMENT OF JULY 17, 1956, WHICH DISALLOWED YOUR CLAIM FOR RETIRED PAY UNDER TITLE III OF THE ACT OF JUNE 29, 1948, 62 STAT. 1087, AS AMENDED, FROM JUNE 29, 1948, TO JANUARY 31, 1954, THE DAY PRECEDING THE DATE ON WHICH YOU BEGAN TO RECEIVE SUCH PAY. YOUR CLAIM IS BASED ON THE HOLDING IN THE CASE OF SEAGRAVE V. UNITED STATES, 131 C.CLS. 790.

IN OUR DECISION OF APRIL 10, 1956, B-113387, 35 COMP. GEN. 563, WE ADVISED THE SECRETARY OF DEFENSE THAT WE WOULD NOT BE JUSTIFIED AT THAT TIME IN FOLLOWING THE SEAGRAVE HOLDING WHICH, IN EFFECT, WAS THAT ONCE APPLICATION WAS MADE THEREFOR, PAY UNDER TITLE III BEGINS FROM DATE OF QUALIFICATION FOR SUCH PAY RATHER THAN FROM DATE OF APPLICATION. IN OUR DECISION MENTION IS MADE OF A BILL, H.R. 9752, INTRODUCED TO OVERCOME THE EFFECT OF THE SEAGRAVE CASE. WHILE ACTION UPON THE BILL WAS NOT COMPLETED IN THE HOUSE OF REPRESENTATIVES PRIOR TO THE ADJOURNMENT OF THE CONGRESS, THE INTRODUCTION OF THE BILL INDICATES THAT THERE IS SOME QUESTION AS TO WHETHER THE DECISION OF THE COURT OF CLAIMS PROPERLY REFLECTS THE INTENT OF CONGRESS IN THE MATTER. ACCORDINGLY, FOR THE REASONS STATED IN OUR DECISION, A COPY OF WHICH IS ENCLOSED, YOUR CLAIM FOR RETIRED PAY FROM JUNE 29, 1948, TO JANUARY 31, 1954, MAY NOT NOW BE ALLOWED, AND THE CLAIMS DIVISION SETTLEMENT OF JULY 17, 1956, WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.