B-144628, NOV. 6, 1961

B-144628: Nov 6, 1961

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RAINES: REFERENCE IS MADE TO YOUR LETTER OF JULY 31. YOUR REQUEST FOR RECONSIDERATION IS BASED ON THE DECISION OF THE COURT OF CLAIMS DATED MAY 3. WHICH WE ARE FOLLOWING AS A PRECEDENT IN SETTLEMENT OF SIMILAR CLAIMS. YOU ARE ENTITLED TO AN ADJUSTMENT OF YOUR RETIRED PAY FROM NOVEMBER 1. YOU HAVE RECOGNIZED THAT SUCH CREDIT. FURTHER CONSIDERATION OF THAT PART OF YOUR CLAIM IS UNNECESSARY. THERE IS ENCLOSED. IN WHICH CREDIT FOR CONSTRUCTIVE SERVICE IN COMPUTING BASIC PAY WAS DENIED.

B-144628, NOV. 6, 1961

TO LIEUTENANT JOHN W. RAINES:

REFERENCE IS MADE TO YOUR LETTER OF JULY 31, 1961 REQUESTING RECONSIDERATION OF YOUR CLAIM FOR ADJUSTMENT IN RETIRED PAY FROM NOVEMBER 1, 1949, BASED ON CREDITING YOUR CONSTRUCTIVE SERVICE FOR THE PURPOSE OF DETERMINING BOTH THE RATE OF BASIC PAY AND THE PERCENTAGE MULTIPLE TO BE USED IN COMPUTING YOUR RETIRED PAY UNDER SECTION 511 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 829. YOUR REQUEST FOR RECONSIDERATION IS BASED ON THE DECISION OF THE COURT OF CLAIMS DATED MAY 3, 1961, IN THE CASE OF WAYNE J. JOHNSON V. UNITED STATES, CT.CL. NO. 217-56.

IN ACCORDANCE WITH THE HOLDING OF THE COURT OF CLAIMS IN THE JOHNSON DECISION, WHICH WE ARE FOLLOWING AS A PRECEDENT IN SETTLEMENT OF SIMILAR CLAIMS, YOU ARE ENTITLED TO AN ADJUSTMENT OF YOUR RETIRED PAY FROM NOVEMBER 1, 1949, THROUGH JUNE 8, 1950, BASED ON CREDITING YOUR CONSTRUCTIVE TIME IN SHORT-TERM ENLISTMENTS FOR THE PURPOSE OF DETERMINING THE DATE ON WHICH YOU COMPLETED 30 YEARS OF SERVICE WITHIN THE MEANING OF THE FIFTH PROVISO OF SECTION 511 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 829, 830.

IN THE SECOND PORTION OF YOUR CLAIM COVERING CREDIT OF CONSTRUCTIVE TIME FOR LONGEVITY OR BASIC PAY, YOU HAVE RECOGNIZED THAT SUCH CREDIT, IF ALLOWABLE, WOULD NOT RESULT IN AN INCREASE IN YOUR RETIRED PAY. HENCE, FURTHER CONSIDERATION OF THAT PART OF YOUR CLAIM IS UNNECESSARY. THERE IS ENCLOSED, HOWEVER, A COPY OF OUR DECISION OF OCTOBER 31, 1961, B-138416, IN WHICH CREDIT FOR CONSTRUCTIVE SERVICE IN COMPUTING BASIC PAY WAS DENIED.