B-129541, JUL. 18, 1957
Highlights
AIR FORCE: REFERENCE IS MADE TO YOUR LETTER OF MAY 1. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER STATED IN FAVOR OF ARNOLD D. THE FACTS IN THIS CASE ARE STATED IN OUR DECISION TO YOU DATED NOVEMBER 28. IN WHICH IT WAS HELD THAT MR. ROBERTS' RETIRED PAY SHOULD BE COMPUTED ON THE PAY OF THE GRADE OF BASIC AIRMAN HELD BY HIM WHEN HIS NAME WAS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST ON JULY 31. IT APPEARING AT THAT TIME THAT THE GRADE OF TECHNICAL SERGEANT HELD BY HIM AT AN EARLIER DATE WAS A PERMANENT GRADE. IT IS NOW REPORTED THAT SUCH GRADE WAS A TEMPORARY ONE AND THAT UNDER DATE OF JULY 9. ROBERTS IS ENTITLED TO RETIRED PAY COMPUTED ON THE BASIS OF THE PAY OF A TECHNICAL SERGEANT WITH HIS LENGTH OF SERVICE.
B-129541, JUL. 18, 1957
TO LIEUTENANT COLONEL C. W. GRIFFIN, USAF, FINANCE OFFICER, U.S. AIR FORCE:
REFERENCE IS MADE TO YOUR LETTER OF MAY 1, 1957, FORWARDED HERE UNDER DATE OF MAY 24, 1957, BY HEADQUARTERS, AIR FORCE FINANCE CENTER, DENVER, COLORADO, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER STATED IN FAVOR OF ARNOLD D. ROBERTS, USAF, RETIRED, FOR THE DIFFERENCE IN RETIRED PAY OF A BASIC AIRMAN AND TECHNICAL SERGEANT FOR THE PERIOD AUGUST 1, 1956, THROUGH MARCH 31, 1957.
THE FACTS IN THIS CASE ARE STATED IN OUR DECISION TO YOU DATED NOVEMBER 28, 1956, 36 COMP. GEN. 431, IN WHICH IT WAS HELD THAT MR. ROBERTS' RETIRED PAY SHOULD BE COMPUTED ON THE PAY OF THE GRADE OF BASIC AIRMAN HELD BY HIM WHEN HIS NAME WAS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST ON JULY 31, 1956, IT APPEARING AT THAT TIME THAT THE GRADE OF TECHNICAL SERGEANT HELD BY HIM AT AN EARLIER DATE WAS A PERMANENT GRADE. IT IS NOW REPORTED THAT SUCH GRADE WAS A TEMPORARY ONE AND THAT UNDER DATE OF JULY 9, 1956, REAFFIRMED APRIL 1, 1957, THE SECRETARY OF THE AIR FORCE DETERMINED THAT THE ENLISTED MAN HAD SERVED SATISFACTORILY IN THAT GRADE.
IN VIEW OF THE LANGUAGE CONTAINED IN THE SECOND PROVISO OF SECTION 402 (D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 818, REQUIRING COMPUTATION OF RETIREMENT PAY ON THE BASIS OF THE MONTHLY PAY OF A HIGHER TEMPORARY RANK, GRADE, OR RATING THAN THAT HELD AT THE TIME OF PLACEMENT OF A MEMBER'S NAME ON THE TEMPORARY DISABILITY RETIRED LIST, IF THE SECRETARY CONCERNED DETERMINES THAT HE SERVED SATISFACTORILY IN SUCH HIGHER RANK, GRADE, OR RATING, IT APPEARS THAT MR. ROBERTS IS ENTITLED TO RETIRED PAY COMPUTED ON THE BASIS OF THE PAY OF A TECHNICAL SERGEANT WITH HIS LENGTH OF SERVICE.
ACCORDINGLY, PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.