B-130965, MAY 28, 1957

B-130965: May 28, 1957

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THE FIRESIDE: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 14. IT WAS STATED THAT IT IS NOW CONSIDERED THAT YOU HAVE ACQUIRED SUFFICIENT SERVICE TO REQUIRE AN ADJUSTMENT OF RETIRED PAY UNDER SECTION 208 OF THE NAVAL RESERVE ACT OF 1938. IT WAS ALSO STATED THAT SINCE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JULY 31. AT THAT TIME IT WAS OVERLOOKED THAT THE AMENDMENT TO THE NAVAL RESERVE ACT OF 1938. WAS NOT ENACTED UNTIL AUGUST 10. WAS WITHIN THE TEN-YEAR PERIOD. OUR CLAIMS DIVISION IS BEING INSTRUCTED TO INCLUDE PAYMENT FOR THE PERIOD FROM OCTOBER 13.

B-130965, MAY 28, 1957

TO MR. ADOLPH BERNHARD GAUSCHEMANN, USN, THE FIRESIDE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 14, 1956, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR AN ADJUSTMENT OF RETIRED PAY BELIEVED TO BE DUE FOR THE PERIOD OCTOBER 13, 1945, THROUGH THE DATE OF SETTLEMENT OF YOUR CLAIM.

IN OUR DECISION OF MAY 7, 1957, IT WAS STATED THAT IT IS NOW CONSIDERED THAT YOU HAVE ACQUIRED SUFFICIENT SERVICE TO REQUIRE AN ADJUSTMENT OF RETIRED PAY UNDER SECTION 208 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, 60 STAT. 994. IT WAS ALSO STATED THAT SINCE YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON JULY 31, 1956, PAYMENT OF YOUR CLAIM COULD BE MADE FOR THE TEN YEARS PRIOR TO THE FILING OF THE CLAIM.

AT THAT TIME IT WAS OVERLOOKED THAT THE AMENDMENT TO THE NAVAL RESERVE ACT OF 1938, UNDER WHICH YOUR RIGHT AROSE, WAS NOT ENACTED UNTIL AUGUST 10, 1946, AND THAT YOU HAD TEN YEARS FROM AUGUST 10, 1946, WITHIN WHICH TO CLAIM THE ADJUSTMENT OF RETIRED PAY FOR THE RETROACTIVE PERIOD. YOUR CLAIM, BEING FILED HERE ON JULY 31, 1956, WAS WITHIN THE TEN-YEAR PERIOD.

ACCORDINGLY, OUR CLAIMS DIVISION IS BEING INSTRUCTED TO INCLUDE PAYMENT FOR THE PERIOD FROM OCTOBER 13, 1945, TO JULY 31, 1946, IN ITS SETTLEMENT OF YOUR CLAIM.