B-141996, MAR. 9, 1960

B-141996: Mar 9, 1960

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ATTORNEYS AT LAW: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2. WE ARE NOT ALLOWING CLAIMS ON THE BASIS OF THE SENST DECISION AT THIS TIME.

B-141996, MAR. 9, 1960

TO KING AND KING, ATTORNEYS AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2, 1960, REQUESTING, ON BEHALF OF CHARLES JEROME BATCHELOR, REVIEW OF OUR SETTLEMENT OF JANUARY 9, 1958, DENYING THE CLAIM OF YOUR CLIENT FOR INCREASED RETAINER AND/OR RETIRED PAY, COMPUTED UNDER SECTION 208 OF THE NAVAL RESERVE ACT OF 1938, AS ADDED BY THE ACT OF AUGUST 10, 1946, 60 STAT. 993, AS THE DIFFERENCE BETWEEN RETAINER OR RETIRED PAY COMPUTED ON THE ONE-HALF BASE PAY FORMULA AND THE ONE-THIRD BASE PAY FORMULA. YOU CITE THE RECENT DECISION OF THE UNITED STATES COURT OF CLAIMS IN THE CASE OF MOJICA, ET AL. V. UNITED STATES, C.CLS.NO. 264-52 (SADIE L. SENST AND PEGGY MAE WILSON, BENEFICIARIES OF THE ESTATE OF WALTER CARR SENST, DECEASED, PLAINTIFF NO. 60), AS A BASIS FOR ALLOWANCE OF THE CLAIM. SEE DECISION B-141999, OF EVEN DATE, ADDRESSED TO YOUR OFFICE IN THE CASE OF WILLIAM BASTON, JR. FOR THE REASONS THERE STATED, WE ARE NOT ALLOWING CLAIMS ON THE BASIS OF THE SENST DECISION AT THIS TIME.