B-134743, OCT. 4, 1962

B-134743: Oct 4, 1962

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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 14. ADDRESSED TO THE COMPTROLLER GENERAL WHICH IS REGARDED AS A CLAIM FOR AN INCREASE IN YOUR RETIRED PAY BASED ON CREDITING YOUR INACTIVE SERVICE IN THE FLEET NAVAL RESERVE. WHEREIN CREDIT FOR INACTIVE TIME ON THE RETIRED LIST OR IN THE FLEET RESERVE WAS ALLOWED IN COMPUTING DISABILITY RETIRED PAY UNDER TITLE IV OF THE CAREER COMPENSATION ACT OF 1949. OUR RECORDS SHOW THAT YOU ARE A PETITIONER IN THE CASE OF AKOL. IN WHICH YOU ARE SEEKING TO RECOVER INCREASED RETIRED PAY BASED ON CREDIT FOR YOUR INACTIVE SERVICE IN THE FLEET NAVAL RESERVE AND IN ITS SUCCESSOR. WHEN A CLAIM IS FILED IN THE GENERAL ACCOUNTING OFFICE FOR THE SAME ITEM OF PAY WHICH IS THE SUBJECT OF A SUIT IN THE COURT OF CLAIMS OR WHICH COVERS ALL OR PART OF THE SAME PERIOD.

B-134743, OCT. 4, 1962

TO BERNARD WEEKS, RMC, USN, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 14, 1962, ADDRESSED TO THE COMPTROLLER GENERAL WHICH IS REGARDED AS A CLAIM FOR AN INCREASE IN YOUR RETIRED PAY BASED ON CREDITING YOUR INACTIVE SERVICE IN THE FLEET NAVAL RESERVE. YOU ENCLOSED MAGAZINE CLIPPINGS RELATIVE TO THE CASES OF HEINLEIN V. UNITED STATES, CT.CL.NO. 459-59, DECIDED DECEMBER 1, 1960, AND SELIGA V. UNITED STATES, 137 CT.CL. 710 (1957), WHEREIN CREDIT FOR INACTIVE TIME ON THE RETIRED LIST OR IN THE FLEET RESERVE WAS ALLOWED IN COMPUTING DISABILITY RETIRED PAY UNDER TITLE IV OF THE CAREER COMPENSATION ACT OF 1949, APPROVED OCTOBER 12, 1949, CH. 681, 63 STAT. 816, NOW CODIFIED AS CHAPTER 61 OF TITLE 10, U.S.C.

OUR RECORDS SHOW THAT YOU ARE A PETITIONER IN THE CASE OF AKOL, ET AL. V. UNITED STATES, CT.CL.NO. 564-57, NOW PENDING BEFORE THE COURT OF CLAIMS, IN WHICH YOU ARE SEEKING TO RECOVER INCREASED RETIRED PAY BASED ON CREDIT FOR YOUR INACTIVE SERVICE IN THE FLEET NAVAL RESERVE AND IN ITS SUCCESSOR, THE FLEET RESERVE.

WHEN A CLAIM IS FILED IN THE GENERAL ACCOUNTING OFFICE FOR THE SAME ITEM OF PAY WHICH IS THE SUBJECT OF A SUIT IN THE COURT OF CLAIMS OR WHICH COVERS ALL OR PART OF THE SAME PERIOD, IT IS OUR POLICY TO WITHHOLD FINAL ACTION ON THE CLAIM UNTIL SETTLEMENT OF THE SUIT IN THE COURT. YOUR CLAIM, THEREFORE, WILL BE HELD IN ABEYANCE PENDING RECEIPT OF NOTIFICATION OF THE FINAL DISPOSITION OF YOUR PETITION IN THE COURT OF CLAIMS.