B-131651, MAY 22, 1957

B-131651: May 22, 1957

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TO ANSELL AND ANSELL: REFERENCE IS MADE TO YOUR LETTER OF MAY 3. THE RECORD SHOWS THAT THERE IS NOW PENDING IN THE COURT OF CLAIMS A PETITION NO. 186-57. ARE ALSO FOR CONSIDERATION BY THE COURT OF CLAIMS ON PETITION NO. 186-57.

B-131651, MAY 22, 1957

TO ANSELL AND ANSELL:

REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1957, PRESENTING A CLAIM ON BEHALF OF DAVID B. DOTY, JR., U.S. ARMY, RETIRED (OUR CLAIMS FILE Z1-833- 301), FOR ADDITIONAL RETIRED PAY AS FOLLOWS.

(1) THE DIFFERENCE BETWEEN RETIRED PAY COMPUTED ON THE BASIS OF 75 PERCENTUM OF THE ACTIVE-DUTY OF A LIEUTENANT COLONEL WITH OVER 30 YEARS' SERVICE AND THE RETIRED PAY RECEIVED BY THE PLAINTIFF COMPUTED ON THE ACTIVE-DUTY PAY OF A CAPTAIN WITH OVER 12 YEARS' SERVICE FOR THE PERIOD MAY 1, 1947, TO JUNE 28, 1948; AND

(2) THE DIFFERENCE BETWEEN RETIRED PAY COMPUTED ON THE BASIS OF 75 PERCENTUM OF THE ACTIVE-DUTY PAY OF A LIEUTENANT COLONEL WITH OVER 30 YEARS' SERVICE AND THE RETIRED PAY RECEIVED BY THE PLAINTIFF COMPUTED ON THE BASIS OF 75 PERCENTUM OF THE ACTIVE-DUTY PAY OF A MAJOR WITH OVER 12 YEARS' SERVICE FOR THE PERIOD JUNE 29, 1948, TO MARCH 31, 1951.

THE RECORD SHOWS THAT THERE IS NOW PENDING IN THE COURT OF CLAIMS A PETITION NO. 186-57, FILED APRIL 18, 1957, IN THE CASE OF DAVID B. DOTY, JR. V. UNITED STATES, FOR ADDITIONAL RETIRED PAY COMPUTED ON THE BASIS STATED IN (2) ABOVE, FROM APRIL 1, 1951, TO DATE OF JUDGMENT.

THE STATUTORY PROVISIONS INVOLVED AND THE ISSUES PRESENTED IN THE CLAIM FOR THE PERIOD MAY 1, 1947, TO MARCH 31, 1951, ARE ALSO FOR CONSIDERATION BY THE COURT OF CLAIMS ON PETITION NO. 186-57. ACCORDINGLY, FINAL ACTION WILL NOT BE TAKEN BY US ON THE CLAIM WHICH YOU HAVE PRESENTED HERE UNTIL THE CONCLUSION OF THE JUDICIAL PROCEEDINGS NOW PENDING IN THE COURT OF CLAIMS ON THE ..END :