B-142203, JUN. 3, 1960

B-142203: Jun 3, 1960

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USNR (RETIRED): REFERENCE IS MADE TO YOUR LETTER FEBRUARY 19. THE CLAIM WAS DISALLOWED FOR THE STATED REASON THAT YOU WERE IN RECEIPT OF RETIREMENT ORDERS (DATED SEPTEMBER 23. USNR WHEN DIRECTED BY YOUR COMMANDING OFFICER ON OR ABOUT THE DATE OF YOUR RETIREMENT YOU WILL PROCEED HOME BY REASON OF TEMPORARY DISABILITY RETIREMENT 30 PERCENT. RELEASE FROM ACTIVE DUTY IS EFFECTIVE AT 2400 30 SEPTEMBER 1959. RETIREMENT IS EFFECTIVE 1 OCTOBER 1959. COST OF TRAVEL IS CHARGEABLE IN ACCORDANCE WITH CURRENT INSTRUCTIONS. THE RETIREMENT LETTER MENTIONED IN THE SPEEDLETTER WAS DATED SEPTEMBER 23. WAS DIRECTED TO YOU THROUGH THE COMMANDING OFFICER OF THE RECEIVING STATION AT TREASURE ISLAND. THE FIRST ENDORSEMENT TO SAID LETTER IS AS FOLLOWS: CHART FIRST ENDORSEMENT 30 SEPTEMBER 1959 FROM: COMMANDING OFFICER TO: MICKEY BENJAMIN MATHERS.

B-142203, JUN. 3, 1960

TO MICKEY B. MATHERS, END1, USNR (RETIRED):

REFERENCE IS MADE TO YOUR LETTER FEBRUARY 19, 1960, RELATIVE TO GENERAL ACCOUNTING OFFICE SETTLEMENT DATED FEBRUARY 17, 1960, WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES BELIEVED TO BE DUE FOR THE PERIOD OCTOBER 1-9, 1959, AS AN ENLISTED MEMBER OF THE UNITED STATES NAVY. THE CLAIM WAS DISALLOWED FOR THE STATED REASON THAT YOU WERE IN RECEIPT OF RETIREMENT ORDERS (DATED SEPTEMBER 23, 1959), ON SEPTEMBER 30, 1959, DIRECTING THAT YOU BE PLACED UPON THE TEMPORARY DISABILITY RETIRED LIST, EFFECTIVE OCTOBER 1, 1959.

IT APPEARS FROM THE RECORDS BEFORE OUR OFFICE THAT ON SEPTEMBER 22, 1959, THE CHIEF OF NAVAL PERSONNEL DIRECTED TO YOU, THROUGH THE COMMANDING OFFICER, U.S. NAVAL RECEIVING STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, A SPEEDLETTER, MARKED "URGENT," AS FOLLOWS:

"MICKEY BENJAMIN MATHERS, 680 28 92, END1, USNR WHEN DIRECTED BY YOUR COMMANDING OFFICER ON OR ABOUT THE DATE OF YOUR RETIREMENT YOU WILL PROCEED HOME BY REASON OF TEMPORARY DISABILITY RETIREMENT 30 PERCENT. RELEASE FROM ACTIVE DUTY IS EFFECTIVE AT 2400 30 SEPTEMBER 1959; RETIREMENT IS EFFECTIVE 1 OCTOBER 1959. COST OF TRAVEL IS CHARGEABLE IN ACCORDANCE WITH CURRENT INSTRUCTIONS. RETIREMENT LETTER FOLLOWS.'

THE RETIREMENT LETTER MENTIONED IN THE SPEEDLETTER WAS DATED SEPTEMBER 23, 1959, AND WAS DIRECTED TO YOU THROUGH THE COMMANDING OFFICER OF THE RECEIVING STATION AT TREASURE ISLAND. PARAGRAPH 2 OF THE LETTER STATES THAT YOU WOULD BE PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE OCTOBER 1, 1959. THE FIRST ENDORSEMENT TO SAID LETTER IS AS FOLLOWS:

CHART

FIRST ENDORSEMENT 30 SEPTEMBER 1959

FROM: COMMANDING OFFICER

TO: MICKEY BENJAMIN MATHERS, 680 28 92, END1, USNR

SUBJ: RELEASE FROM ACTIVE DUTY AND TRANSFER TO THE TEMPORARY

DISABILITY RETIRED LIST.

1.DELIVERED.

H. I. WELLS

BY DIRECTION"

YOU STATE THAT ON SEPTEMBER 30, 1959, YOU WERE INFORMED OF YOUR RETIREMENT, BUT WERE TOLD THAT IT WOULD TAKE SEVERAL DAYS TO PROCESS YOUR RETIREMENT PAPERS. YOU FURTHER STATE THAT, SINCE YOUR RETIREMENT WAS EFFECTIVE OCTOBER 1, 1959, YOU WERE REQUIRED TO MOVE OFF THE BASE AND SUBSIST YOURSELF AT YOUR OWN EXPENSE, REPORTING TO THE BASE EACH MORNING UNTIL OCTOBER 9, 1959. YOU ALSO QUOTE FROM A THIRD ENDORSEMENT TO RETIREMENT LETTER TO THE EFFECT THAT THERE WAS A DELAY IN COMPLETION OF YOUR PROCESSING DUE TO LATE RECEIPT OF OFFICIAL RETIREMENT ORDERS.

WHILE THE SECOND ENDORSEMENT ON THE RETIREMENT LETTER OF SEPTEMBER 23, 1959, BEARS THE DATE OCTOBER 1, 1959, IT MERELY RELATES TO AN ELECTION OF COMPUTATION OF RETIRED PAY AND IS NOT INDICATIVE OF AN ACTIVE DUTY STATUS.

IN YOUR LETTER, YOU QUOTED ONLY ONE SENTENCE FROM PARAGRAPH 3 OF THE THIRD ENDORSEMENT ON THE SEPTEMBER 23, 1959, LETTER. THE ENTIRE PARAGRAPH IS AS FOLLOWS:

"3. FOR RECORD PURPOSES, YOU WILL CONSIDER YOURSELF AS HAVING BEEN RELEASED FROM ALL ACTIVE DUTY, EFFECTIVE 2400 30 SEPTEMBER 1959, AT WHICH TIME YOU WERE TRANSFERRED TO INACTIVE DUTY ON THE TEMPORARY DISABILITY RETIRED LIST OF THE UNITED STATES NAVY. DELAY IN COMPLETION OF YOUR SEPARATION PROCESSING HAS BEEN OCCASIONED BY LATE RECEIPT OF YOUR OFFICIAL RETIREMENT ORDERS AND SUBSEQUENT ADMINISTRATIVE PROCESSING.'

IN ADDITION IT APPEARS THAT PAGE 13 OF YOUR SERVICE RECORD CARRIES THE NOTATION THAT YOU WERE TRANSFERRED TO THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE OCTOBER 1, 1959, AND THAT YOU WERE RELEASED TO INACTIVE DUTY ON SEPTEMBER 30, 1959. PAGE 14, THE FINAL ENTRY IN YOUR SERVICE RECORD--- RECORD OF DISCHARGE, RELEASE FROM ACTIVE DUTY, OR DEATH--- IS DATED SEPTEMBER 30, 1959, AND STATES THAT ON THAT DATE YOU WERE "TEMPORARILY PHYSICALLY RETIRED" AND TRANSFERRED TO THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE OCTOBER 1, 1959.

THE FACT THAT YOU WERE REQUIRED TO MOVE OFF THE BASE AND WERE NO LONGER SUBSISTED AT THE STATION AFTER SEPTEMBER 30, 1959, IS CONSISTENT WITH THE RECORD, AND THAT YOUR ACTIVE DUTY STATUS TERMINATED AT 2400 ON SEPTEMBER 30, 1959. IT IS NOT CONTENDED THAT YOU PERFORMED ANY DUTY AFTER YOUR RELEASE, BUT IT APPEARS THAT YOUR STAY IN THE AREA UNTIL OCTOBER 9, 1959, WAS IN CONNECTION WITH THE ISSUANCE OF CERTAIN RETIREMENT PAPERS AND THE ELECTION OF RETIRED PAY COMPUTATIONS. WHILE THESE MATTERS MAY HAVE BEEN EXPEDITED BY YOUR DELAY IN THE VICINITY OF YOUR LAST STATION, SUCH DELAY FOR THAT PURPOSE AFTER TRANSFER TO THE RETIRED LIST DOES NOT CREATE A RIGHT TO ACTIVE DUTY PAY AND ALLOWANCES.

ACCORDINGLY, SINCE IT APPEARS THAT YOU WERE IN FACT NOTIFIED OF YOUR RETIREMENT, AND RELEASED FROM ACTIVE DUTY ON SEPTEMBER 30, 1959, THERE IS NO AUTHORITY FOR THE PAYMENT OF ACTIVE DUTY PAY FOR THE PERIOD OCTOBER 1 THROUGH 9, 1959. COMPARE 35 COMP. GEN. 489. THE SETTLEMENT OF FEBRUARY 17, 1960, UPON REVIEW, IS SUSTAINED.