B-134162, DEC. 12, 1957

B-134162: Dec 12, 1957

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PEASE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6. WAS DISALLOWED BY OUR SETTLEMENT OF MAY 22. HE WAS NOT ENTITLED TO THE BENEFITS PRESCRIBED IN SECTION 208 OF THE NAVAL RESERVE ACT OF 1938. FROM INFORMATION FURNISHED TO US BY THE DEPARTMENT OF THE NAVY IT APPEARS THAT YOUR HUSBAND WAS TRANSFERRED TO THE FLEET NAVAL RESERVE ON JULY 26. THAT HE WAS RECALLED TO ACTIVE DUTY ON OCTOBER 15. THAT AGGREGATE WOULD NOT HAVE ENTITLED HIM TO TRANSFER ON THAT DATE TO THE FLEET RESERVE AS A .

B-134162, DEC. 12, 1957

TO MRS. CATHERINE E. PEASE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6, 1957, IN REGARD TO YOUR CLAIM FOR INCREASED RETIRED PAY BELIEVED TO BE DUE IN THE CASE OF YOUR LATE HUSBAND, CLARENCE WILLIAM PEASE, FOR THE PERIOD DECEMBER 7, 1945, TO SEPTEMBER 30, 1949.

THE ABOVE CLAIM, FOR THE DIFFERENCE BETWEEN RETIRED PAY COMPUTED AS ONE- HALF OF BASE PAY PLUS PERMANENT ADDITIONS AND SUCH PAY COMPUTED AS ONE- THIRD OF BASE PAY PLUS PERMANENT ADDITIONS, WAS DISALLOWED BY OUR SETTLEMENT OF MAY 22, 1957, ON THE GROUND THAT SINCE MR. PEASE HAD NOT COMPLETED MORE THAN SIXTEEN YEARS' SERVICE AT THE TIME OF HIS TRANSFER TO THE FLEET NAVAL RESERVE AND DID NOT PERFORM SUFFICIENT SERVICE AFTER TRANSFER TO ACHIEVE AN AGGREGATE OF AT LEAST 19 YEARS AND 6 MONTHS, HE WAS NOT ENTITLED TO THE BENEFITS PRESCRIBED IN SECTION 208 OF THE NAVAL RESERVE ACT OF 1938, AS ADDED BY SECTION 3 OF THE ACT OF AUGUST 10, 1946, 60 STAT. 994.

YOU REQUEST REVIEW OF THE SETTLEMENT OF MAY 22, 1947, REFERRING TO THE CASE OF OKEY N. ROUNSAVELL, OUR CLAIM NO. Z-1804002.

FROM INFORMATION FURNISHED TO US BY THE DEPARTMENT OF THE NAVY IT APPEARS THAT YOUR HUSBAND WAS TRANSFERRED TO THE FLEET NAVAL RESERVE ON JULY 26, 1922, WITH CREDITABLE SERVICE OF 14 YEARS AND 8 MONTHS; AND THAT HE WAS RECALLED TO ACTIVE DUTY ON OCTOBER 15, 1941, AND SERVED UNTIL DECEMBER 7, 1945, A PERIOD OF 4 YEARS, 1 MONTH, AND 23 DAYS. THUS, UPON HIS RELEASE FROM ACTIVE DUTY ON DECEMBER 7, 1945, HE HAD AN AGGREGATE OF CREDITABLE SERVICE OF 18 YEARS, 9 MONTHS, AND 23 DAYS. THAT AGGREGATE WOULD NOT HAVE ENTITLED HIM TO TRANSFER ON THAT DATE TO THE FLEET RESERVE AS A ,TWENTY- YEAR" MAN. COMPARE B-134160, DECEMBER 4, 1957, 37 COMP. GEN. - , COPY ENCLOSED.