B-138293, JUL. 21, 1959

B-138293: Jul 21, 1959

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TO KING AND KING: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 3. WAS DENIED THE TEN PERCENT ALLOWANCE FOR GOOD CONDUCT IN THE COMPUTATION OF HIS RETIRED PAY. HANSEN'S AVERAGE MARKS IN CONDUCT WAS BUT 94 PERCENT. WE WERE ADVISED AS FOLLOWS: "THE RECORDS OF THE BUREAU SHOW THAT CHIEF BOATSWAIN HANSEN'S AVERAGE CONDUCT MARK FOR THE PERIOD 6 JANUARY 1903 TO 18 JULY 1922 AND FROM 5 JUNE 1942 TO 30 SEPTEMBER 1943 WAS 93.57. HANSEN'S AVERAGE MARK FOR GOOD CONDUCT FOR ENLISTED SERVICE IS BUT 93.57 PERCENT. HE IS NOT ENTITLED TO THE INCREASE IN RETIRED PAY PROVIDED BY LAW.

B-138293, JUL. 21, 1959

TO KING AND KING:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 3, 1959, REQUESTING RECONSIDERATION OF OUR DECISION DATED MARCH 2, 1959, B-138293, WHEREIN JOHN HANSEN, CHIEF BOATSWAIN, U.S. NAVY, RETIRED, WAS DENIED THE TEN PERCENT ALLOWANCE FOR GOOD CONDUCT IN THE COMPUTATION OF HIS RETIRED PAY, AS PROVIDED IN THE FIRST PROVISO TO SECTION 203 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1178. IN OUR DECISION OF MARCH 2, 1959, WE ADVISED YOU THAT A REPORT BY THE BUREAU OF NAVAL PERSONNEL STATED THAT MR. HANSEN'S AVERAGE MARKS IN CONDUCT WAS BUT 94 PERCENT, WHEREAS THE LAW REQUIRED THAT THE AVERAGE MARKS IN CONDUCT FOR TWENTY OR MORE YEARS SHALL NOT BE LESS THAN 95 PERCENTUM OF THE MAXIMUM FOR ENTITLEMENT TO THE TEN PERCENT INCREASE IN RETIRED PAY.

IN YOUR PRESENT LETTER YOU STATE THAT COPIES OF MR. HANSEN'S NAVAL RECORDS, IN YOUR POSSESSION, AND INFORMAL DISCUSSIONS WITH THE BUREAU OF NAVAL PERSONNEL, INDICATE THAT MR. HANSEN'S MARKS AVERAGED 95.3 PERCENT.

IN VIEW OF YOUR REPRESENTATION WE REQUESTED A FURTHER REPORT FROM THE BUREAU OF NAVAL PERSONNEL, AND BY LETTER DATED JUNE 25, 1959, WE WERE ADVISED AS FOLLOWS:

"THE RECORDS OF THE BUREAU SHOW THAT CHIEF BOATSWAIN HANSEN'S AVERAGE CONDUCT MARK FOR THE PERIOD 6 JANUARY 1903 TO 18 JULY 1922 AND FROM 5 JUNE 1942 TO 30 SEPTEMBER 1943 WAS 93.57.

"THIS LETTER CANCELS BUREAU OF NAVAL PERSONNEL LETTER PERS-E24 MRT:DJ OF 13 FEBRUARY 1959.'

ACCORDINGLY, SINCE MR. HANSEN'S AVERAGE MARK FOR GOOD CONDUCT FOR ENLISTED SERVICE IS BUT 93.57 PERCENT, HE IS NOT ENTITLED TO THE INCREASE IN RETIRED PAY PROVIDED BY LAW. THE SETTLEMENT OF JULY 21, 1958, OMITTING SUCH INCREASE, WAS CORRECT, AND OUR DECISION OF MARCH 2, 1959, SUSTAINING THE SETTLEMENT, UPON FURTHER REVIEW, IS ADHERED TO. ..END :