B-135896, APR. 30, 1958

B-135896: Apr 30, 1958

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TO EMERY AND WOOD: REFERENCE IS MADE TO YOUR LETTER OF MARCH 31. THE CLAIM IS ASSERTED UNDER AUTHORITY OF THE CASES OF GORDON V. THE INCREASED LONGEVITY IS OBTAINED BY COUNTING THE TIME THE OFFICER SERVED IN AN INACTIVE STATUS ON THE RETIRED LIST FROM THE DATE OF HIS RETIREMENT FOR PHYSICAL DISABILITY ON JUNE 26. WHEN HE WAS RECALLED TO ACTIVE DUTY. AT WHICH TIME HE WAS RECEIVING THE ACTIVE-DUTY PAY AND ALLOWANCES OF A COMMANDER WITH OVER 30 YEARS' SERVICE. ENCLOSED WITH YOUR LETTER OF MARCH 31 WAS A COPY OF THE PETITION FILED MARCH 31. INASMUCH AS THE SAME LEGAL QUESTIONS ARE INVOLVED IN THAT CASE AND IN THE CLAIM FILED HERE. - NO ACTION WILL BE TAKEN ON COMMANDER CARRINGTON'S CLAIM PENDING DETERMINATION OF HIS RIGHTS BY THE COURT IN SUCH LITIGATION.

B-135896, APR. 30, 1958

TO EMERY AND WOOD:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 31, 1958, AS AMENDED BY LETTER OF APRIL 7, 1958, MAKING CLAIM ON BEHALF OF COMMANDER WALTER S. CARRINGTON, USN, RETIRED, FOR INCREASED RETIRED PAY FOR THE PERIOD MARCH 1, 1948, TO FEBRUARY 29, 1952, BASED ON THE DIFFERENCE BETWEEN 75 PERCENT OF THE ACTIVE-DUTY PAY OF A COMMANDER WITH OVER 30 YEARS' SERVICE UNDER THE PROVISIONS OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, AS AMENDED, AND THE RETIRED PAY RECEIVED BY HIM AFTER JANUARY 18, 1946, COMPUTED AT THE RATE OF 75 PERCENT OF THE ACTIVE DUTY PAY OF SUCH OFFICER WITH OVER 15 YEARS' SERVICE.

THE CLAIM IS ASSERTED UNDER AUTHORITY OF THE CASES OF GORDON V. UNITED STATES, 134 C.CLS. 840, AND CANNON V. UNITED STATES, 146 F.SUPP. 827, AND THE INCREASED LONGEVITY IS OBTAINED BY COUNTING THE TIME THE OFFICER SERVED IN AN INACTIVE STATUS ON THE RETIRED LIST FROM THE DATE OF HIS RETIREMENT FOR PHYSICAL DISABILITY ON JUNE 26, 1922, FOLLOWING DUTY IN WORLD WAR I, TO AUGUST 8, 1940, WHEN HE WAS RECALLED TO ACTIVE DUTY. YOU STATE THAT HE REVERTED TO A RETIRED STATUS ON JANUARY 18, 1946, AT WHICH TIME HE WAS RECEIVING THE ACTIVE-DUTY PAY AND ALLOWANCES OF A COMMANDER WITH OVER 30 YEARS' SERVICE.

ENCLOSED WITH YOUR LETTER OF MARCH 31 WAS A COPY OF THE PETITION FILED MARCH 31, 1958, IN THE CASE OF WALTER S. CARRINGTON V. UNITED STATES, C.CLS. NO. 136-58, BASED ON IDENTICAL FACTS BUT RELATING TO THE PERIOD ON AND AFTER MARCH 1, 1952. INASMUCH AS THE SAME LEGAL QUESTIONS ARE INVOLVED IN THAT CASE AND IN THE CLAIM FILED HERE--- EXCEPT FOR THE DIFFERENT LIMITATION PERIODS FOR FILING CLAIMS IN THE GENERAL ACCOUNTING OFFICE AND CASES FILED IN THE COURT OF CLAIMS, ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND 28 U.S.C. 2501, RESPECTIVELY--- NO ACTION WILL BE TAKEN ON COMMANDER CARRINGTON'S CLAIM PENDING DETERMINATION OF HIS RIGHTS BY THE COURT IN SUCH LITIGATION.