B-136686, JUL. 17, 1958

B-136686: Jul 17, 1958

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RETIRED: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON JUNE 23. WAS AWARDED RETIRED PAY FOR A PERIOD COMMENCING ON THE DATE OF THE ACT. THE CITED PROVISIONS OF THAT ACT WERE NOT RETROACTIVE IN SCOPE AND NO RIGHT TO RETIRED PAY ACCRUED TO A MEMBER OR FORMER MEMBER UNDER SUCH PROVISIONS OF LAW FOR ANY PERIOD PRIOR TO JUNE 29. THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF MAY 22. IS SUSTAINED.

B-136686, JUL. 17, 1958

TO LIEUTENANT COLONEL JOSEPH H. PAGE, USA, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON JUNE 23, 1958, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED MAY 22, 1958, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL RETIRED PAY UNDER TITLE III OF THE ACT OF JUNE 29, 1948, PUBLIC LAW 810, 62 STAT. 1087, FOR THE PERIOD FROM THE DATE OF YOUR DISCHARGE FROM THE ARMY ON NOVEMBER 13, 1946, TO JUNE 28, 1948. YOU STATE THAT YOU REACHED THE AGE OF 60 YEARS ON JULY 26, 1946.

YOU REFER TO THE CASE OF SEAGRAVE V. UNITED STATES, 131 C.CLS. 790, AS AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. IN THAT CASE THE PLAINTIFF, WHO REACHED THE AGE OF 60 ON APRIL 6, 1940, AND MET ALL THE ELIGIBILITY REQUIREMENTS OF TITLE III OF THE ACT OF JUNE 29, 1948, BEFORE ITS ENACTMENT, WAS AWARDED RETIRED PAY FOR A PERIOD COMMENCING ON THE DATE OF THE ACT. THE CITED PROVISIONS OF THAT ACT WERE NOT RETROACTIVE IN SCOPE AND NO RIGHT TO RETIRED PAY ACCRUED TO A MEMBER OR FORMER MEMBER UNDER SUCH PROVISIONS OF LAW FOR ANY PERIOD PRIOR TO JUNE 29, 1948, REGARDLESS OF HIS AGE ON THAT DATE OR THE AMOUNT OF SERVICE HE HAD TO HIS CREDIT AT THAT TIME.

ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF MAY 22, 1958, IS SUSTAINED.