B-132005, MAR. 28, 1958

B-132005: Mar 28, 1958

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WHICH WAS BASED ON THE HOLDING IN THE CASE OF LOUIS STANDISH TRACY V. WAS FIRST SUBMITTED HERE ON FEBRUARY 12. WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED MARCH 11. WHICH DISALLOWANCE WAS SUSTAINED ON REVIEW HERE ON JULY 25. YOU WERE ADVISED AT THAT TIME OF THE BASIS FOR OUR VIEW THAT THE TRACY CASE FURNISHED NO SUFFICIENT LEGAL BASIS TO EXTEND THE RULE THEREOF TO OTHER OFFICERS OF THE ARMED FORCES.

B-132005, MAR. 28, 1958

TO COLONEL CLARENCE M. OLSEN, RETIRED:

YOUR LETTER OF FEBRUARY 18, 1958, SUBMITS FOR RECONSIDERATION YOUR CLAIM FOR ADDITIONAL RETIRED PAY REPRESENTING THE DIFFERENCE BETWEEN RETIRED PAY COMPUTED ON THE BASIS OF THE BASIC PAY OF A COLONEL AND THE AMOUNT OF RETIRED PAY WHICH YOU STATE HAS BEEN RECEIVED BY YOU COMPUTED ON THE BASIS OF BASIC PAY OF A LIEUTENANT COLONEL FOR THE PERIOD FROM NOVEMBER 1, 1950, TO DATE. YOUR CLAIM, WHICH WAS BASED ON THE HOLDING IN THE CASE OF LOUIS STANDISH TRACY V. UNITED STATES, 136 C.CLS. 211, WAS FIRST SUBMITTED HERE ON FEBRUARY 12, 1957, AND WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED MARCH 11, 1957, WHICH DISALLOWANCE WAS SUSTAINED ON REVIEW HERE ON JULY 25, 1957. YOU WERE ADVISED AT THAT TIME OF THE BASIS FOR OUR VIEW THAT THE TRACY CASE FURNISHED NO SUFFICIENT LEGAL BASIS TO EXTEND THE RULE THEREOF TO OTHER OFFICERS OF THE ARMED FORCES. YOU NOW STATE IN EFFECT THAT DECISIONS OF THE COURT OF CLAIMS IN TWO SIMILAR CASES--- CLARENCE TIMOTHY LOWELL V. UNITED STATES, C.CLS. NO. 261-56, CHARLES C. BUDD V. UNITED STATES, C.CLS. NO. 467-56, BOTH DECIDED JANUARY 15, 1958 PROVIDES SUFFICIENT PRECEDENT FOR ADMINISTRATIVE ALLOWANCE OF SIMILAR CLAIMS, WITHOUT THE NECESSITY FOR INDIVIDUAL RESORT TO THE COURT OF CLAIMS IN IDENTICAL CASES.

YOUR CLAIM HAS BEEN RETURNED TO THE CLAIMS DIVISION OF THIS OFFICE FOR FURTHER CONSIDERATION IN ACCORDANCE WITH THE RULE ESTABLISHED BY THE TRACY, LOWELL, AND BUDD CASES, WITH INSTRUCTIONS TO ALLOW THE CLAIM, IF OTHERWISE PROPER, ON THE BASIS THEREOF.