B-138768, JUN 1, 1959

B-138768: Jun 1, 1959

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YOU STATE THAT HILL WAS TRANSFERRED TO THE UNITED STATES FLEET RESERVE ON MAY 9. IN THE RATING OF CEM (PA) AND WAS RELEASED TO INACTIVE DUTY THE SAME DAY. HE WAS PLACED ON THE RETIRED LIST OF THE UNITED STATES NAVY IN ACCORDANCE WITH THE NAVAL RESERVE ACT OF 1938 ON NOVEMBER 1. HE WAS RESTORED TO HIS FORMER ENLISTED RATING UPON APPROVAL OF THE SECRETARY OF THE NAVY. NO PAYMENT WAS MADE DURING THE PERIOD NOVEMBER 1 TO 25. SINCE HE WAS EMPLOYED BY THE GOVERNMENT AT A SALARY IN EXCESS OF $3. 780.39 THE ABOVE TOTAL IS $1.12 MORE THAN IT SHOULD BE SINCE THE CORRECT AMOUNT DUE FOR THE PERIOD NOVEMBER 26. HILL'S RETIRED PAY WAS INCORRECTLY COMPUTED UNDER METHOD (B) OF SECTION 511 OF THE CAREER COMPENSATION ACT OF 1949.

B-138768, JUN 1, 1959

PRECIS-UNAVAILABLE

R. A. WILSON, DEPARTMENT OF THE NAVY:

BY SECOND ENDORSEMENT DATED FEBRUARY 17, 1959, THE OFFICE OF THE COMPTROLLER OF THE NAVY FORWARDED YOUR LETTER OF FEBRUARY 2, 1959, REQUESTING A DECISION (ASSIGNED SUBMISSION NO. DO-N-400) AS TO THE PROPER RATES OF RETIRED PAY PAYABLE TO HENRY H. HILL, EMPC, USN, (RETIRED), 261 31 86 (FORMERLY CHELEC 300 227) - ONE OF FOUR RETIRED MEMBERS REFERRED TO IN YOUR LETTER - IN THE CIRCUMSTANCES DISCLOSED.

YOU REFER TO OUR DECISION OF MARCH 7, 1958, B-129777, 37 COMP. GEN. 591, HOLDING THAT WE WOULD FOLLOW THE COURT OF CLAIMS DECISION IN THE CASE OF TATO V. UNITED STATES, 136 C. CLS. 651.

YOU STATE THAT HILL WAS TRANSFERRED TO THE UNITED STATES FLEET RESERVE ON MAY 9, 1946, IN THE RATING OF CEM (PA) AND WAS RELEASED TO INACTIVE DUTY THE SAME DAY. ON DATE OF TRANSFER HE HAD COMPLETED 23 YEARS, 6 MONTHS, AND 3 DAYS' SERVICE. HE WAS PLACED ON THE RETIRED LIST OF THE UNITED STATES NAVY IN ACCORDANCE WITH THE NAVAL RESERVE ACT OF 1938 ON NOVEMBER 1, 1952, AND ADVANCED TO THE RANK OF CHIEF ELECTRICIAN PURSUANT TO SECTION 8(A) OF THE ACT OF FEBRUARY 21, 1946, 60 STAT. 28, FROM HIS DATE OF RETIREMENT. HE COMPLETED 30 YEARS' ACTIVE AND INACTIVE SERVICE WITHIN THE MEANING OF SECTION 511 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 829, ON NOVEMBER 5, 1952. ON NOVEMBER 26, 1952, HE WAS RESTORED TO HIS FORMER ENLISTED RATING UPON APPROVAL OF THE SECRETARY OF THE NAVY. YOU STATE THAT FROM NOVEMBER 1, 1952, HE RECEIVED RETIRED PAY AS FOLLOWS:

PERIOD GROSS MONTHLY RATES

11/1/52 - 11/25/52 NONE

11/26/52 - 3/31/55 $174.28

4/1/55 - 5/31/58 191.88

YOU POINT OUT THAT BECAUSE OF THE LIMITATIONS IMPOSED BY SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932, 5 U.S.C. 59A, NO PAYMENT WAS MADE DURING THE PERIOD NOVEMBER 1 TO 25, 1952, SINCE HE WAS EMPLOYED BY THE GOVERNMENT AT A SALARY IN EXCESS OF $3,000 PER ANNUM.

YOU STATE THAT BASED ON OUR DECISION OF MARCH 7, 1958, ABOVE CITED, HILL BECAME ENTITLED TO THE DIFFERENCE IN PAY AS FOLLOWS:

PERIOD GROSS MONTHLY RATES TOTAL AMOUNT

11/1/52 - 11/26/52 $216.22 VS. NONE $ 180.18

11/26/52 - 3/31/55 216.22 VS. $174.28 1,182.43

4/1/55 - 5/31/58 229.19 VS. 191.88 1,417.78

TOTAL DUE $2,780.39

THE ABOVE TOTAL IS $1.12 MORE THAN IT SHOULD BE SINCE THE CORRECT AMOUNT DUE FOR THE PERIOD NOVEMBER 26, 1952, TO MARCH 31, 1955, APPEARS TO BE $1,181.31.

BY SETTLEMENT OF AUGUST 1, 1958, OUR CLAIMS DIVISION COMPUTED MR. HILL'S RETIRED PAY AS FOLLOWS:

PERIOD GROSS MONTHLY RATES TOTAL AMOUNT

11/1/52 - 11/25/52 $199.74 VS. NONE $ 166.45

11/26/52 - 3/31/55 199.74 VS. $174.28 717.12

4/1/55 - 5/31/58 233.40 VS. 191.88 1,577.76

$2,461.33

MR. HILL'S RETIRED PAY WAS INCORRECTLY COMPUTED UNDER METHOD (B) OF SECTION 511 OF THE CAREER COMPENSATION ACT OF 1949, SINCE HIS SAVED PAY OF $216.22 PER MONTH COMMENCING NOVEMBER 1, 1952, WAS MORE THAN THE $199.74 ALLOWED UNDER METHOD (B) IN THAT SETTLEMENT. SUBSEQUENT TO THAT SETTLEMENT, HOWEVER, OUR CLAIMS DIVISION, BY SETTLEMENT DATED JANUARY 2, 1959, RECOMPUTED MR. HILL'S RETIRED PAY UNDER THE LAWS IN EFFECT ON SEPTEMBER 30, 1949, AND ALLOWED HIM THE DIFFERENCE FOUND DUE. PRESUMABLY, YOUR OFFICE NOW HAS A COPY OF THAT SETTLEMENT.

THE ACTION TAKEN BY YOU IN ADJUSTING MR. HILL'S RETIRED PAY EFFECTIVE JUNE 1, 1958, TO THE MONTHLY RATE OF $242.94, WAS PROPER.