B-141755, FEB. 24, 1960

B-141755: Feb 24, 1960

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 18. FURTHER INFORMATION WAS FURNISHED BY YOUR LETTER DATED FEBRUARY 10. HE WAS PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST ON APRIL 26. THAT SINCE HE THEN WAS EMPLOYED BY THE UNITED STATES AS A CIVILIAN. THAT HE IS CONTEMPLATING RETIREMENT FROM HIS CIVILIAN EMPLOYMENT. THAT HIS RETIREMENT PAY WILL BE ABOUT $3. IT IS REPORTED THAT MR. WAS ASSIGNED TO ACTIVE DUTY THE SAME DAY. HIS TOTAL SERVICE WAS LESS THAN TWO YEARS. ASSUMING THAT HE WAS PROPERLY PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST UNDER THE 1928 ACT.

B-141755, FEB. 24, 1960

TO MR. E. E. JOHNSTON, DIRECTOR CLAIMS SERVICE, VETERANS ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 18, 1960, TRANSMITTING A LETTER DATED NOVEMBER 2, 1959, FROM MR. DAVID B. HEAD, REFEREE IN BANKRUPTCY, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA, CENTRAL DIVISION, 343 U.S. POST OFFICE AND COURT HOUSE BUILDING, LOS ANGELES 12, CALIFORNIA. FURTHER INFORMATION WAS FURNISHED BY YOUR LETTER DATED FEBRUARY 10, 1960. YOUR LETTERS REQUEST ADVICE AS TO MR. HEAD'S ENTITLEMENT TO RECEIVE EMERGENCY OFFICERS' RETIRED PAY BASED ON HIS SERVICE AS SECOND LIEUTENANT.

THE U.S. ARMY REGISTER, JANUARY 1, 1959, DOES NOT LIST DAVID B. HEAD AS A RETIRED OFFICER. IT APPEARS, THAT BY ACTION OF THE BOARD OF VETERANS APPEALS, HE WAS PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST ON APRIL 26, 1943, UNDER THE ACT OF MAY 24, 1928, 45 STAT. 735, AND BY THE ACT OF JULY 15, 1940, 54 STAT. 760; THAT SINCE HE THEN WAS EMPLOYED BY THE UNITED STATES AS A CIVILIAN, HE ELECTED TO RECEIVE COMPENSATION RATHER THAN RETIRED PAY; THAT HE IS CONTEMPLATING RETIREMENT FROM HIS CIVILIAN EMPLOYMENT; AND THAT HIS RETIREMENT PAY WILL BE ABOUT $3,000 A YEAR.

IT IS REPORTED THAT MR. HEAD ATTENDED RESERVE OFFICERS' TRAINING CAMP FROM MAY 13 TO AUGUST 14, 1917; THAT HE ACCEPTED AN APPOINTMENT AS SECOND LIEUTENANT, INFANTRY RESERVE CORPS, ON AUGUST 15, 1917, AND WAS ASSIGNED TO ACTIVE DUTY THE SAME DAY; THAT HE VACATED HIS EMERGENCY OFFICER'S COMMISSION MAY 18, 1918, ON WHICH DATE HE ACCEPTED AN APPOINTMENT AS PROVISIONAL SECOND LIEUTENANT, INFANTRY, REGULAR ARMY; AND THAT HE SERVED UNTIL FEBRUARY 12, 1919, WHEN HE RESIGNED THE MILITARY SERVICE. THUS, HIS TOTAL SERVICE WAS LESS THAN TWO YEARS. ASSUMING THAT HE WAS PROPERLY PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST UNDER THE 1928 ACT, THERE APPEARS TO BE NO REASON WHY HE COULD NOT REVERT TO THE RETIRED PAY STATUS OF AN OFFICER ON SUCH LIST AND RECEIVE THAT PAY UPON HIS RETIREMENT FROM HIS CIVIL SERVICE POSITION. AS A SECOND LIEUTENANT WITH LESS THAN THREE YEARS' SERVICE, HE PRESENTLY WOULD BE ENTITLED TO RETIRED PAY AT THE RATE OF $157.75 PER MONTH.

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