B-147009, OCT. 4, 1961

B-147009: Oct 4, 1961

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IS PRECLUDED FROM RECEIVING RETIRED PAY BY THE PROVISIONS OF THE ACT OF SEPTEMBER 1. IN VIEW OF HIS CONVICTION BY A GENERAL COURT-MARTIAL OF STEALING CLOTHING WHICH WAS THE PROPERTY OF THE GOVERNMENT. IT APPEARS CLEAR THAT SERGEANT HICKS' RIGHT TO RECEIVE RETIRED PAY IS NOT BARRED BY THOSE STATUTORY PROVISIONS. THE VOUCHER SUBMITTED WITH YOUR LETTER IS RETURNED FOR YOUR FURTHER CONSIDERATION.

B-147009, OCT. 4, 1961

TO CAPTAIN S. NORTON, F.C.:

YOUR LETTER OF JULY 19, 1961, FORWARDED HERE BY FIRST INDORSEMENT, DATED AUGUST 17, 1961, FROM THE OFFICE OF THE CHIEF OF FINANCE UNDER D.O. NO. 597, ALLOCATED BY THE DEPARTMENT OF THE DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE, REQUESTED AN ADVANCE DECISION AS TO WHETHER SERGEANT RILEY HICKS, RA18009236, IS PRECLUDED FROM RECEIVING RETIRED PAY BY THE PROVISIONS OF THE ACT OF SEPTEMBER 1, 1954, 5 U.S.C. 2281 2288, IN VIEW OF HIS CONVICTION BY A GENERAL COURT-MARTIAL OF STEALING CLOTHING WHICH WAS THE PROPERTY OF THE GOVERNMENT.

IN VIEW OF THE PROVISIONS OF THE ACT OF SEPTEMBER 26, 1961, PUBLIC LAW NO. 87-299, FURTHER AMENDING THE ACT OF SEPTEMBER 1, 1954, IT APPEARS CLEAR THAT SERGEANT HICKS' RIGHT TO RECEIVE RETIRED PAY IS NOT BARRED BY THOSE STATUTORY PROVISIONS. ACCORDINGLY, THE VOUCHER SUBMITTED WITH YOUR LETTER IS RETURNED FOR YOUR FURTHER CONSIDERATION.