B-148543, APR. 11, 1962
Highlights
RETIRED: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 21. YOUR REQUEST FOR RECONSIDERATION OF YOUR CLAIM IS BASED ON THE COURT'S DECISION IN THE CASE OF WATMAN V. WE STATED THAT SIMILAR CLAIMS WHICH ARE SUBMITTED HERE FOR SETTLEMENT WILL BE ALLOWED IN THE AMOUNT FOUND DUE ON AUTHORITY OF THE WATMAN CASE. RETIRED OFFICERS OF BOTH THE OFFICERS' RESERVE CORPS AND THE ARMY OF THE UNITED STATES (WITHOUT COMPONENT) WERE SUBJECT TO THE LIMITATIONS IMPOSED BY SECTION 212 OF THE ACT OF JUNE 30. RETIRED OFFICERS OF THE OFFICERS' RESERVE CORPS WERE PERMITTED TO RECEIVE BOTH THEIR RETIRED PAY AND THE COMPENSATION INCIDENT TO THEIR CIVILIAN POSITIONS IN THE UNITED STATES GOVERNMENT PURSUANT TO THE PERTINENT DECISIONS OF THE UNITED STATES COURT OF CLAIMS.
B-148543, APR. 11, 1962
TO COLONEL JAMES M. BACKES, AUS, RETIRED:
REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 21, 1962, ADDRESSED TO THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS INDIANA, RELATIVE TO OUR CLAIMS DIVISION SETTLEMENT DATED FEBRUARY 4, 1958, WHICH DISALLOWED YOUR CLAIM FOR RETIRED PAY WITHHELD FROM YOU BECAUSE OF THE DUAL COMPENSATION RESTRICTIONS PRESCRIBED IN SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932, AS AMENDED, 5 U.S.C. 59A, FOR THE PERIOD JUNE 1 TO DECEMBER 31, 1946.
YOUR REQUEST FOR RECONSIDERATION OF YOUR CLAIM IS BASED ON THE COURT'S DECISION IN THE CASE OF WATMAN V. UNITED STATES, CT.CL. NO. 189-59, DECIDED MARCH 1, 1961, AND OUR DECISION DATED MAY 18, 1961, B 136459, 40 COMP. GEN. 625. IN THE WATMAN CASE, THE COURT CONCLUDED THAT THE ACT OF SEPTEMBER 22, 1941, 55 STAT. 728, 729, GRANTING TO PERSONS APPOINTED AS OFFICERS OF THE ARMY OF THE UNITED STATES (WITHOUT COMPONENT) UNDER THE PROVISIONS OF THAT ACT THE SAME "RIGHTS, PRIVILEGES, AND BENEFITS AS MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE," HAD THE EFFECT OF CONFERRING ON HIM THE EXEMPTION FROM THE RESTRICTIONS OF THE ECONOMY ACT GRANTED TO MEMBERS OF THE OFFICERS' RESERVE CORPS UNDER THE ACT OF JULY 1, 1947, 61 STAT. 238, 239. IN OUR DECISION OF MAY 18, 1961, WE STATED THAT SIMILAR CLAIMS WHICH ARE SUBMITTED HERE FOR SETTLEMENT WILL BE ALLOWED IN THE AMOUNT FOUND DUE ON AUTHORITY OF THE WATMAN CASE.
PRIOR TO THE ENACTMENT OF SECTION 1 (B) OF THE ACT OF JULY 1, 1947, RETIRED OFFICERS OF BOTH THE OFFICERS' RESERVE CORPS AND THE ARMY OF THE UNITED STATES (WITHOUT COMPONENT) WERE SUBJECT TO THE LIMITATIONS IMPOSED BY SECTION 212 OF THE ACT OF JUNE 30, 1932. AFTER THE ENACTMENT OF THE ACT OF JULY 1, 1947, RETIRED OFFICERS OF THE OFFICERS' RESERVE CORPS WERE PERMITTED TO RECEIVE BOTH THEIR RETIRED PAY AND THE COMPENSATION INCIDENT TO THEIR CIVILIAN POSITIONS IN THE UNITED STATES GOVERNMENT PURSUANT TO THE PERTINENT DECISIONS OF THE UNITED STATES COURT OF CLAIMS. INASMUCH AS YOUR CLAIM PERTAINS TO A PERIOD PRIOR TO THE EFFECTIVE DATE OF THE ACT OF JULY 1, 1947, OUR CLAIMS DIVISION PROPERLY LIMITED YOUR RETIRED PAY TO THE AMOUNTS AUTHORIZED BY SECTION 212 OF THE ACT OF JUNE 30, 1932, AS AMENDED.