B-129721, JUL. 25, 1958

B-129721: Jul 25, 1958

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IS ENTITLED TO RECEIVE TITLE III RETIRED PAY EFFECTIVE FROM JUNE 29. IS REQUIRED TO BE DETERMINED AS OF THAT DATE. THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR LETTER OF THIS DATE. YOUR ATTENTION IS INVITED TO THE FACT THAT THE COMPUTATION OF COLONEL ARROWSMITH'S RETIRED PAY EFFECTIVE AS OF JUNE 29. IS REQUIRED TO BE BASED ON A FACTOR OF 9.42 YEARS OF SERVICE FOR PERCENTAGE PURPOSES.

B-129721, JUL. 25, 1958

TO MAJOR R. N. MCCALL, FC:

THIS HAS REFERENCE TO YOUR LETTER OF JUNE 19, 1958, ADDRESSED TO THE CLAIMS DIVISION OF THIS OFFICE, CONCERNING THE RETIRED PAY STATUS OF LIEUTENANT COLONEL GEORGE M. ARROWSMITH, RETIRED, O-232900, AND STATING THAT HE HAS BEEN PAID RETIRED PAY PURSUANT TO THE PROVISIONS OF TITLE III, ACT OF JUNE 29, 1948, 62 STAT. 1087-1091, AT THE RATE OF $160.49 FOR THE PERIOD NOVEMBER 1, 1956, TO MAY 31, 1958, INCLUSIVE, AND AT A RATE OF $170.12, EFFECTIVE JUNE 1, 1958. IT THUS APPEARS THAT THE OFFICER'S RETIRED PAY HAS BEEN COMPUTED ON THE BASIS OF 9.57 YEARS OF SERVICE FOR PERCENTAGE PURPOSES. TAKING INTO ACCOUNT THE COLLECTION OF $66.98 REPORTED IN YOUR LETTER, IT APPEARS THAT HE HAS BEEN PAID RETIRED PAY FOR THE PERIOD MARCH 1, 1952, THROUGH APRIL 1, 1953, BASED ON THE SAME NUMBER OF YEARS OF SERVICE.

UNDER THE HOLDING IN THE SEAGRAVE CASE, 131 C.CLS. 790, COLONEL ARROWSMITH, HAVING MET THE AGE AND SERVICE REQUIREMENTS AND BEING OTHERWISE FULLY QUALIFIED, IS ENTITLED TO RECEIVE TITLE III RETIRED PAY EFFECTIVE FROM JUNE 29, 1948. HENCE, HIS RETIRED PAY STATUS FOR PURPOSES OF TITLE III OF THE ACT OF JUNE 29, 1948, IS REQUIRED TO BE DETERMINED AS OF THAT DATE. IN THAT CONNECTION, THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR LETTER OF THIS DATE, B-129721, TO THE CHIEF CLERK, UNITED STATES COURT OF CLAIMS, SHOWING THE AMOUNT OF TITLE III RETIRED PAY DUE COLONEL ARROWSMITH FOR THE INCLUSIVE PERIODS FROM JUNE 29, 1948, TO FEBRUARY 29, 1952, AND APRIL 2, 1953, TO OCTOBER 31, 1956. YOUR ATTENTION IS INVITED TO THE FACT THAT THE COMPUTATION OF COLONEL ARROWSMITH'S RETIRED PAY EFFECTIVE AS OF JUNE 29, 1948, IS REQUIRED TO BE BASED ON A FACTOR OF 9.42 YEARS OF SERVICE FOR PERCENTAGE PURPOSES.

ACCORDINGLY, ON THE BASIS OF 9.42 YEARS OF SERVICE FOR PERCENTAGE PURPOSES DETERMINED AS OF JUNE 29, 1948, COLONEL ARROWSMITH HAS BEEN ENTITLED TO RECEIVE TITLE III RETIRED PAY UNDER THE 1948 ACT AT THE FOLLOWING MONTHLY RATES FOR THE PERIODS SHOWN:

TABLE

6/29/48 - 9/30/49 ($465.21 TIMES .2355) EQUALS $109.56

10/1/49 - 4/30/52 ($584.25 TIMES .2355) EQUALS $137.59

5/1/52 - 3/31/55 ($607.62 TIMES .2355) EQUALS $143.09

4/1/55 - 5/31/58 ($670.80 TIMES .2355) EQUALS $157.97

EFFECTIVE 6/1/58 ($157.97, PLUS 6

PERCENT EQUALS $167.45

APPROPRIATE ADJUSTMENTS SHOULD BE MADE IN HIS RETIRED PAY ACCOUNT TO REFLECT THE FOREGOING.