B-132045, JUL. 25, 1957

B-132045: Jul 25, 1957

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RETIRED: YOU HAVE SUBMITTED IN YOUR LETTER OF MAY 16. WE ALSO HAVE YOUR LETTER OF JUNE 4. IS FOUNDED ON THE HOLDING OF THE COURT OF CLAIMS IN THE CASE OF LOUIS STANDISH TRACY V. SUCH CLAIM IS IDENTICAL WITH THE CLAIM PREVIOUSLY SUBMITTED BY YOU IN YOUR LETTER OF FEBRUARY 12. WHICH WAS DISALLOWED IN GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 11. THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR DECISION DATED MARCH 5. IS SUSTAINED AND NO ACTION MAY BE TAKEN HERE ON THE REQUEST CONTAINED IN YOUR LETTER OF JUNE 4.

B-132045, JUL. 25, 1957

TO LIEUTENANT COLONEL CLARENCE M. OLSEN, AUS, RETIRED:

YOU HAVE SUBMITTED IN YOUR LETTER OF MAY 16, 1957, ADDRESSED TO THE CLAIMS DIVISION OF THIS OFFICE, A 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 THE BASIC PAY OF A LIEUTENANT COLONEL FOR THE PERIOD FROM NOVEMBER 1, 1950, TO DATE. WE ALSO HAVE YOUR LETTER OF JUNE 4, 1957, IN WHICH YOU REQUEST THAT YOUR "RETIREMENT AS OF 31 OCT 1950 BE IN (THE) GRADE OF COLONEL, INSTEAD OF LT.COL.'

THE CLAIM PRESENTED BY YOU IN YOUR LETTER OF MAY 16, 1957, IS FOUNDED ON THE HOLDING OF THE COURT OF CLAIMS IN THE CASE OF LOUIS STANDISH TRACY V. UNITED STATES, C.CLS. NO. 113-55, DECIDED JUNE 5, 1956. HENCE, SUCH CLAIM IS IDENTICAL WITH THE CLAIM PREVIOUSLY SUBMITTED BY YOU IN YOUR LETTER OF FEBRUARY 12, 1957, AND WHICH WAS DISALLOWED IN GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 11, 1957.

THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR DECISION DATED MARCH 5, 1957, B-123643, TO THE SECRETARY OF DEFENSE HOLDING THAT THETRACY CASE FURNISHES NO SUFFICIENT LEGAL BASIS TO EXTEND THE RULE THEREOF TO OTHER OFFICERS OF THE ARMED FORCES. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IN THE SETTLEMENT OF MARCH 11, 1957, IS SUSTAINED AND NO ACTION MAY BE TAKEN HERE ON THE REQUEST CONTAINED IN YOUR LETTER OF JUNE 4, 1957.