B-131104, APR. 29, 1957

B-131104, APR. 29, 1957

TO MR. H. R. OWSLEY, FINANCE OFFICER, VETERANS BENEFITS OFFICE, VETERANS ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 14, 1957, FILE C 1 254 539, 3072/4ADB, BENNETT, CLARENCE W., CODE 72, IN WHICH YOU REQUEST OUR VIEWS AS TO THE PROPER RATE OF RETIRED PAY IN THE CASE OF CLARENCE W. BENNETT.

IT APPEARS THAT MR. BENNETT HAD SERVICE IN THE ARMY AS AN ENLISTED MAN FROM MAY 9, 1917, TO SEPTEMBER 18, 1918, AND AS A SECOND LIEUTENANT FROM SEPTEMBER 19, 1918, TO MAY 31, 1920, AND THAT HE WAS PLACED ON THE EMERGENCY OFFICERS RETIRED LIST ON OCTOBER 6, 1928, WITH MONTHLY RETIRED PAY AT THE RATE OF $106.25, THAT IS, 75 PERCENTUM OF THE PAY OF A SECOND LIEUTENANT WITH LESS THAN FIVE YEARS' SERVICE. IT FURTHER APPEARS THAT HE WAS NOT PAID RETIRED PAY FROM JULY 1, 1933, TO AUGUST 3, 1955, BECAUSE OF THE LIMITATIONS OF SECTION 212 OF THE ACT OF JUNE 30, 1932, 47 STAT. 506. YOU REQUEST OUR VIEWS AS TO THE PROPER RATE PAYABLE TO THE BEGINNING AUGUST 4, 1955, THE DATE THOSE LIMITATIONS WERE MODIFIED.

UNDER SECTION 6 OF THE ACT OF JUNE 29, 1946, 60 STAT. 345, MR. BENNETT WOULD HAVE BEEN ENTITLED, BEGINNING JULY 1, 1946, TO RETIRED PAY AT THE RATE OF $141.75 PER MONTH, 75 PERCENTUM OF THE ACTIVE-DUTY PAY OF A SECOND LIEUTENANT WITH MORE THAN THREE AND LESS THAN SIX YEARS' SERVICE. UNDER SECTION 2 (B) OF THE ACT OF MAY 19, 1952, 66 STAT. 80, HE WOULD HAVE BEEN ENTITLED, BEGINNING MAY 1, 1952, TO RETIRED PAY AT THE RATE OF $147.42, THAT $4141.75 INCREASED BY 4 PERCENTUM. UNDER SECTION 6 OF THE ACT OF MARCH 31, 1955, 69 STAT. 23, HE WOULD HAVE BEEN ENTITLED, BEGINNING APRIL 1, 1955, TO RETIRED PAY AT THE RATE OF $156.27 PER MONTH, THAT IS, $147.42 INCREASED BY 6 PERCENTUM.

ACCORDINGLY, YOU ARE ADVISED THAT IT IS OUR OPINION THAT BEGINNING AUGUST 4, 1955, MR. BENNETT WAS ENTITLED TO RETIRED PAY AT THE RATE OF $156.27 PER MONTH.