B-140271, AUG. 18, 1959

B-140271: Aug 18, 1959

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TO THE SECRETARY OF THE ARMY: WE HAVE RECEIVED FROM COLONEL CHARLES F. WHICH WAS DEDUCTED FROM THE ADJUSTMENT IN RETIRED PAY FOUND DUE HIM. THERE IS NO BASIS FOR THE ALLOWANCE OF HIS CLAIM. WE ARE FORWARDING THE ORIGINAL AND ONE COPY OF HIS LETTER DATED JULY 8. SINCE THE PAPERS CONSTITUTING THAT FILE ARE NOW A PART OF THE PERMANENT RECORDS OF OUR OFFICE. HE IS BEING ADVISED OF THIS ACTION BY OUR LETTER OF TODAY TO HIM. A COPY OF WHICH IS ENCLOSED HEREWITH.

B-140271, AUG. 18, 1959

TO THE SECRETARY OF THE ARMY:

WE HAVE RECEIVED FROM COLONEL CHARLES F. HUTCHINS, 729 ROBLE AVENUE, MENLO PARK, CALIFORNIA, A LETTER DATED JULY 8, 1959, IN WHICH HE REFERS TO OUR SETTLEMENT DATED JUNE 2, 1959, WHICH DISALLOWED HIS CLAIM FOR THE AMOUNT OF $2,627.76, REPRESENTING COST OF SURVIVOR'S ANNUITY AT $59.36 MONTHLY FOR THE PERIOD FROM NOVEMBER 1, 1953, THROUGH APRIL 30, 1957, AND AT $7.48 MONTHLY (DIFFERENCE BETWEEN $59.36 AND $51.88) FOR THE PERIOD FROM MAY 1, 1957, THROUGH OCTOBER 31, 1958, WHICH WAS DEDUCTED FROM THE ADJUSTMENT IN RETIRED PAY FOUND DUE HIM, ON THE BASIS OF OUR DECISION DATED APRIL 1, 1958, 37 COMP. GEN. 653, AND OUR DECISION DATED AUGUST 25, 1958, 38 COMP. GEN. 146, AS A RETIRED MEMBER OF THE UNITED STATES ARMY RESERVE. IN THE SETTLEMENT WE ADVISED HIM THAT, SINCE UNDER THE APPLICABLE STATUTORY PROVISIONS HIS ELECTION OF A SURVIVOR'S ANNUITY MAY NOT BE REVOKED, THERE IS NO BASIS FOR THE ALLOWANCE OF HIS CLAIM.

IN HIS LETTER DATED JULY 8, 1959, COLONEL HUTCHINS REQUESTS THAT THE CLAIM BE REOPENED AND SUBMITTED TO YOU, TOGETHER WITH ALL PERTINENT INFORMATION CONTAINED IN THE FILE. WITH THAT LETTER HE ENCLOSED THE ORIGINAL AND TWO COPIES OF A CLAIM LETTER, ALSO DATED JULY 8, 1959, DIRECTED TO YOU, IN WHICH HE REQUESTS YOUR CONSIDERATION OF HIS REQUEST FOR CANCELLATION OF HIS ELECTION FOR ANNUITY OPTION. HE ALSO REQUESTS THAT WE FORWARD THE ORIGINAL AND ONE COPY OF THAT LETTER TO YOU.

IN ACCORDANCE WITH THE REQUEST OF COLONEL HUTCHINS, WE ARE FORWARDING THE ORIGINAL AND ONE COPY OF HIS LETTER DATED JULY 8, 1959, DIRECTED TO YOU. HIS REQUEST THAT OUR CLAIM FILE BE FORWARDED TO YOU CANNOT BE COMPLIED WITH, SINCE THE PAPERS CONSTITUTING THAT FILE ARE NOW A PART OF THE PERMANENT RECORDS OF OUR OFFICE. HE IS BEING ADVISED OF THIS ACTION BY OUR LETTER OF TODAY TO HIM, A COPY OF WHICH IS ENCLOSED HEREWITH.