B-136757, JAN. 29, 1968

B-136757: Jan 29, 1968

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MCCLENDON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 28. WE HAVE RECEIVED A COPY OF YOUR MILITARY PAY RECORDS COVERING THE PERIOD JULY 1. EXAMINATION OF THESE RECORDS DISCLOSES THAT YOU WERE PROPERLY PAID ACTIVE DUTY PAY AND ALLOWANCES IN ACCORDANCE WITH YOUR ENLISTED GRADE AND CREDITABLE YEARS OF SERVICE. YOU WERE CREDITED WITH A BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS (WIFE AND TWO CHILDREN) PLUS A LUMP-SUM PAYMENT FOR ALL ACCRUED AND UNUSED LEAVE AS OF THE DATE OF YOUR RELEASE FROM ACTIVE DUTY. YOU WAIVED YOUR RETIRED PAY IN ORDER TO RECEIVE VETERANS ADMINISTRATION COMPENSATION IN AN AMOUNT WHICH IS GREATER THAN THE AMOUNT OF YOUR RETIRED PAY. RESPONDING TO THE SPECIFIC QUESTIONS APPEARING IN YOUR LETTER YOU ARE ADVISED: (1) IN SEPTEMBER 1954 THE MONTHLY BASIC ACTIVE DUTY PAY OF A SERGEANT.

B-136757, JAN. 29, 1968

ARMED SERVICES - RETIRED PAY DECISION TO CLAIMANT CONCERNING ACTIVE DUTY AND RETIRED PAY RATES INCIDENT TO MILITARY SERVICE. REVIEW OF PAY RECORDS INDICATE MEMBER HAS RECEIVED PROPER PAYMENT.

TO MR. WILLIAM G. MCCLENDON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 28, 1967, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES SEEKING CERTAIN INFORMATION CONCERNING ACTIVE DUTY AND RETIRED PAY RATES INCIDENT TO YOUR MILITARY SERVICE.

WE HAVE RECEIVED A COPY OF YOUR MILITARY PAY RECORDS COVERING THE PERIOD JULY 1, 1953, TO SEPTEMBER 30, 1954, INCLUSIVE, THE DATE OF YOUR RETIREMENT. EXAMINATION OF THESE RECORDS DISCLOSES THAT YOU WERE PROPERLY PAID ACTIVE DUTY PAY AND ALLOWANCES IN ACCORDANCE WITH YOUR ENLISTED GRADE AND CREDITABLE YEARS OF SERVICE. YOU WERE CREDITED WITH A BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS (WIFE AND TWO CHILDREN) PLUS A LUMP-SUM PAYMENT FOR ALL ACCRUED AND UNUSED LEAVE AS OF THE DATE OF YOUR RELEASE FROM ACTIVE DUTY. THE RECORD ALSO SHOWS THAT YOUR RETIRED PAY HAS BEEN COMPUTED CORRECTLY AND THAT EFFECTIVE MARCH 1, 1962, YOU WAIVED YOUR RETIRED PAY IN ORDER TO RECEIVE VETERANS ADMINISTRATION COMPENSATION IN AN AMOUNT WHICH IS GREATER THAN THE AMOUNT OF YOUR RETIRED PAY. SEE LETTER OF MARCH 30, 1966, ADDRESSED TO YOU BY THE RETIRED PAY DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA.

RESPONDING TO THE SPECIFIC QUESTIONS APPEARING IN YOUR LETTER YOU ARE ADVISED:

(1) IN SEPTEMBER 1954 THE MONTHLY BASIC ACTIVE DUTY PAY OF A SERGEANT, ENLISTED PAY GRADE E-6, WITH OVER 10 BUT NOT OVER 12 YEARS OF CREDITABLE SERVICE WAS $206.39.

(2) YOUR MILITARY PAY RECORD SHOWS A LUMP-SUM LEAVE PAYMENT (WHICH INCLUDES AN ALLOWANCE FOR QUARTERS, $67.50) FOR 54 DAYS ACCRUED AND UNUSED LEAVE AS OF SEPTEMBER 30, 1954, THE DATE OF YOUR RELEASE FROM ACTIVE DUTY.

(3) THE ACT OF OCTOBER 2, 1963, PUBLIC LAW 88-132, AUTHORIZED A 5 PERCENT, NOT A 14 PERCENT, INCREASE IN RETIRED PAY. THE GROSS MAXIMUM AMOUNT OF RETIRED PAY PAYABLE TO YOU EFFECTIVE FROM OCTOBER 1, 1963, COMPUTED AS PRESCRIBED IN SECTION 5 (C) (2) OF PUBLIC LAW 88-132, 77 STAT. 213, WAS $195.33 PER MONTH.

(4) AS INDICATED ABOVE, UNDER THE PROVISIONS OF LAW IN EFFECT WHEN YOU WERE RETIRED IN SEPTEMBER 1954 THE ACTIVE DUTY PAY OF A SERGEANT, ENLISTED PAY GRADE E-6, WAS $206.39 PER MONTH FOR AN ENLISTED MEMBER WHO HAD OVER 10 YEARS BUT NOT OVER 12 YEARS OF CREDITABLE SERVICE. THE PAY OF GRADE E- 6 WITH OVER 11 YEARS BUT LESS THAN 12 YEARS OF SERVICE WAS THE SAME. HOWEVER, YOUR RETIRED PAY WAS NOT COMPUTED ON YEARS OF SERVICE, BUT BY THE PERCENTAGE OF DISABILITY METHOD, THE 75 PERCENT RATE USED IN YOUR CASE BEING THE MAXIMUM RATE PAYABLE.

YOU ARE ADVISED THAT NO AMOUNT IS DUE YOU INCIDENT TO YOUR ACTIVE DUTY OR RETIRED PAY STATUS.