B-144461, DEC. 30, 1960

B-144461: Dec 30, 1960

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

VETERANS BENEFITS OFFICE: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15. JOSEPHSON REQUESTS INFORMATION AS TO THE PRESENT BASE PAY UPON WHICH HIS RETIREMENT PAY IS BASED. IS OF BENEFIT TO HIM. IN YOUR LETTER IT IS STATED THAT MR. JOSEPHSON IS CURRENTLY RECEIVING RETIREMENT PAY AT $279.05 PER MONTH. THAT HE WAS COMMISSIONED FIRST LIEUTENANT. THAT HE WAS HONORABLY DISCHARGED ON OCTOBER 15. JOSEPHSON WAS PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST ESTABLISHED BY THE ACT OF MAY 28. JOSEPHSON WAS DISCHARGED FROM HIS WORLD WAR I SERVICE. HE WAS ENTITLED. SUCH PAY NOT TO EXCEED 75 PERCENT OF THE BASIC PAY UPON WHICH IT IS COMPUTED. IT IS ASSUMED THAT MR. JOSEPHSON ELECTED TO QUALIFY FOR DISABILITY RETIRED PAY UNDER SUCH PROVISIONS AND THAT IT WAS DETERMINED.

B-144461, DEC. 30, 1960

TO MR. WATSON BENGE, FINANCE OFFICER, VETERANS BENEFITS OFFICE:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15, 1960, WITH ENCLOSURES, FILE C-530 955, JOSEPHSON, MAURICE, CODE 72, 3072/242A, REQUESTING AN OPINION AS TO THE ENTITLEMENT OF MR. MAURICE JOSEPHSON TO AN INCREASE IN HIS EMERGENCY OFFICERS RETIREMENT PAY. IN A LETTER DATED SEPTEMBER 15, 1960, MR. JOSEPHSON REQUESTS THAT CONSIDERATION BE GIVEN TO HIS MEMBERSHIP IN THE OFFICER'S RESERVE CORPS OF THE ARMY OF THE UNITED STATES FOR THE PERIOD DECEMBER 28, 1923, THROUGH DECEMBER 27, 1928, AS A BASIS FOR INCREASING SERVICE CREDITS IN THE COMPUTATION OF HIS RETIREMENT PAY. ADDITION MR. JOSEPHSON REQUESTS INFORMATION AS TO THE PRESENT BASE PAY UPON WHICH HIS RETIREMENT PAY IS BASED, AND ALSO WHETHER THE COMPTROLLER GENERAL'S DECISION OF JUNE 21, 1960, B 142321, 39 COMP. GEN. 855, IS OF BENEFIT TO HIM. IN YOUR LETTER IT IS STATED THAT MR. JOSEPHSON IS CURRENTLY RECEIVING RETIREMENT PAY AT $279.05 PER MONTH.

IT APPEARS FROM THE ARMY REGISTER, 1933, THAT MAURICE JOSEPHSON SERVED AS AN ENLISTED MAN IN THE ARMY FROM MAY 16, 1917, TO AUGUST 21, 1918; THAT HE WAS COMMISSIONED FIRST LIEUTENANT, QUARTERMASTER CORPS, ON AUGUST 21, 1918; AND THAT HE WAS HONORABLY DISCHARGED ON OCTOBER 15, 1919. FURTHER APPEARS THAT EFFECTIVE JUNE 8, 1928, MR. JOSEPHSON WAS PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST ESTABLISHED BY THE ACT OF MAY 28, 1928, 45 STAT. 735.

ON OCTOBER 15, 1919, WHEN MR. JOSEPHSON WAS DISCHARGED FROM HIS WORLD WAR I SERVICE, HE WAS ENTITLED, FOR LONGEVITY PAY PURPOSES, TO CREDIT FOR HIS ENLISTED SERVICE FROM MAY 16, 1917, TO AUGUST 20, 1918, AND TO CREDIT FOR HIS COMMISSIONED SERVICE FROM AUGUST 21, 1918, TO OCTOBER 15, 1919, AN AGGREGATE OF 2 YEARS AND 5 MONTHS SERVICE.

IN HIS LETTER MR. JOSEPHSON STATES THAT HE HELD A COMMISSION AS FIRST LIEUTENANT, QUARTERMASTER CORPS, IN THE OFFICERS' RESERVE CORPS FOR THE PERIOD DECEMBER 28, 1923, TO DECEMBER 27, 1928--- FIVE YEARS.

SECTION 411 OF THE CAREER COMPENSATION ACT OF 1949, EFFECTIVE OCTOBER 1, 1949, 63 STAT. 823, PROVIDES THAT INDIVIDUALS THERETOFORE RETIRED OR GRANTED RETIREMENT PAY BY REASON OF PHYSICAL DISABILITY MAY ELECT TO QUALIFY FOR DISABILITY RETIREMENT PAY UNDER THE PROVISIONS OF THAT ACT. SECTION 402 (D) OF THE ACT, 62 STAT. 818, PROVIDES THAT DISABILITY RETIREMENT PAY MAY BE COMPUTED BY MULTIPLYING AN AMOUNT EQUAL TO THE MONTHLY BASIC PAY OF THE RANK, GRADE, OR RATING HELD BY THE INDIVIDUAL AT THE TIME OF RETIREMENT BY THE PERCENTAGE OF HIS PHYSICAL DISABILITY AT THE TIME OF HIS RETIREMENT, SUCH PAY NOT TO EXCEED 75 PERCENT OF THE BASIC PAY UPON WHICH IT IS COMPUTED. IT IS ASSUMED THAT MR. JOSEPHSON ELECTED TO QUALIFY FOR DISABILITY RETIRED PAY UNDER SUCH PROVISIONS AND THAT IT WAS DETERMINED, ON THAT ELECTION, THAT HIS DISABILITY WAS AT LEAST 75 PERCENT.

UNDER THE CAREER COMPENSATION ACT, ON THE BASIS OF THAT ASSUMPTION MR. JOSEPHSON WOULD BE ENTITLED--- IN ADDITION TO THE SERVICE CREDITABLE TO HIM WHEN DISCHARGED ON OCTOBER 15, 1919--- TO CREDIT, FOR BASIC PAY PURPOSES, FOR SERVICE IN THE OFFICERS' RESERVE CORPS UNTIL HE WAS PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST. THUS, FOR THE PURPOSE OF COMPUTING HIS RETIRED PAY UNDER THE CAREER COMPENSATION ACT HE WOULD BE ENTITLED TO AN AGGREGATE CREDIT FOR BASIC PAY PURPOSES OF SERVICE OF OVER 6 BUT LESS THAN 8 YEARS. UNDER SUCH ACT THE MONTHLY BASIC PAY OF A FIRST LIEUTENANT WITH OVER 6 BUT LESS THAN 8 YEARS' SERVICE IS $292.13. RETIREMENT PAY AT THE RATE OF 75 PERCENT (MAXIMUM UNDER THE ACT) OF SUCH PAY IS $219.10, WHICH WOULD BE THE MONTHLY RATE FOR THE PERIOD OCTOBER 1, 1949, TO APRIL 30, 1952.

UNDER THE ACT OF MAY 19, 1952, 62 STAT. 79, EFFECTIVE MAY 1, 1952, THE MONTHLY BASIC PAY OF A FIRST LIEUTENANT WITH OVER 6 BUT LESS THAN 8 YEARS' SERVICE IS $303.82. RETIRED PAY COMPUTED AT THE RATE OF 75 PERCENT OF SUCH PAY IS $227.87, WHICH WOULD BE THE RATE FOR THE PERIOD MAY 1, 1952, TO MARCH 31, 1955.

UNDER THE ACT OF MARCH 31, 1955, 69 STAT. 18, EFFECTIVE APRIL 1, 1955, THE MONTHLY BASIC PAY OF A FIRST LIEUTENANT WITH OVER 6 BUT LESS THAN 8 YEARS' SERVICE IS $351. RETIRED PAY COMPUTED AT THE RATE OF 75 PERCENT OF SUCH PAY IS $263.25, WHICH WOULD BE THE RATE FOR THE PERIOD APRIL 1, 1955, TO MAY 31, 1958.

UNDER THE PROVISIONS OF SECTION 4 (A) OF THE ACT OF MAY 20, 1958, 72 STAT. 128, EFFECTIVE JUNE 1, 1958, AN INCREASE OF 6 PERCENT OF RETIREMENT PAY RECEIVED ON THE DAY BEFORE THE EFFECTIVE DATE OF THE ACT WAS AUTHORIZED. THE RETIREMENT PAY OF $263.25 INCREASED BY 6 PERCENT ($15.80) TOTALS $279.05, THE AMOUNT STATED AS CURRENTLY BEING PAID TO MR. JOSEPHSON. HENCE, IT APPEARS THAT MR. JOSEPHSON IS BEING CREDITED WITH HIS RESERVE SERVICE. HIS RETIREMENT PAY UNDER ANY LAW WITHOUT BENEFIT OF THE ADDITIONAL RESERVE CREDIT WOULD BE CONSIDERABLY LESS.

THE CURRENT MONTHLY BASIC PAY OF A FIRST LIEUTENANT WITH OVER 6 BUT LESS THAN 8 YEARS' SERVICE, ON ACTIVE DUTY, IS $380. THIS RATE IS NOT APPLICABLE TO MR. JOSEPHSON. SEE SECTION 3 (A) OF THE ACT OF MAY 20, 1958, 72 STAT. 128. ALSO, OUR DECISION OF JUNE 21, 1960, B-142321, 39 COMP. GEN. 855, DOES NOT BENEFIT MR. JOSEPHSON, SINCE IT APPEARS THAT HIS RETIRED PAY IS ALREADY BEING CREDITED AT A 75 PERCENT RATE, AND FURTHER, THAT DECISION CONCERNS A RETIREMENT UNDER THE CAREER COMPENSATION ACT OF 1949.