B-130801, MAY 7, 1957

B-130801: May 7, 1957

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ATTORNEYS AT LAW: REFERENCE IS MADE TO YOUR LETTER OF MARCH 14. THERE IS NOW PENDING IN THE COURT OF CLAIMS A PETITION NO. 34-57. THE SAME STATUTORY PROVISIONS AND THE IDENTICAL ISSUES PRESENTED IN THE CLAIM FILED WITH THIS OFFICE AND REFERRED TO IN (3) ABOVE ARE ALSO FOR CONSIDERATION BY THE COURT OF CLAIMS ON THE PETITION NO. 34-57. FINAL ACTION WILL NOT BE TAKEN BY THIS OFFICE ON SUCH CLAIM UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN THE COURT OF CLAIMS. ACTION WILL LIKEWISE BE HELD IN ABEYANCE HERE ON THE CLAIMS PRESENTED TO THIS OFFICE AND REFERRED TO IN (1) AND (2) ABOVE UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS WHICH NOW ARE PENDING IN THE COURT OF CLAIMS.

B-130801, MAY 7, 1957

TO ANSELL AND ANSELL, ATTORNEYS AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1957, PRESENTING THE CLAIM OF LIEUTENANT COLONEL ROBERT J. WHATLEY, U.S. ARMY, RETIRED, FOR ADDITIONAL RETIRED PAY FOR THE PERIODS (1) FROM MARCH 1, 1947, TO JUNE 28, 1948, (2) JUNE 29, 1948, TO SEPTEMBER 30, 1949, AND (3) FROM OCTOBER 1, 1949, TO DECEMBER 31, 1950, INCLUSIVE.

THERE IS NOW PENDING IN THE COURT OF CLAIMS A PETITION NO. 34-57, FILED JANUARY 25, 1957, IN THE CASE OF ROBERT J. WHATLEY V. UNITED STATES, FOR ADDITIONAL RETIRED PAY FOR THE PERIOD COMMENCING JANUARY 1, 1951, TO DATE OF JUDGMENT, REPRESENTING THE DIFFERENCE BETWEEN RETIRED PAY COMPUTED AT THE RATE OF 70 PERCENTUM OF THE BASIC PAY OF A COLONEL WITH OVER 30 CUMULATIVE YEARS OF SERVICE AND THE RETIRED PAY RECEIVED BY PLAINTIFF COMPUTED AT THE RATE OF 70 PERCENTUM OF THE BASIC PAY OF A LIEUTENANT COLONEL WITH OVER 26 BUT NOT OVER 30 CUMULATIVE YEARS OF SERVICE. THUS, THE SAME STATUTORY PROVISIONS AND THE IDENTICAL ISSUES PRESENTED IN THE CLAIM FILED WITH THIS OFFICE AND REFERRED TO IN (3) ABOVE ARE ALSO FOR CONSIDERATION BY THE COURT OF CLAIMS ON THE PETITION NO. 34-57. ACCORDINGLY, FINAL ACTION WILL NOT BE TAKEN BY THIS OFFICE ON SUCH CLAIM UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN THE COURT OF CLAIMS.

ACTION WILL LIKEWISE BE HELD IN ABEYANCE HERE ON THE CLAIMS PRESENTED TO THIS OFFICE AND REFERRED TO IN (1) AND (2) ABOVE UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS WHICH NOW ARE PENDING IN THE COURT OF CLAIMS.