B-149428, AUG. 6, 1962

B-149428: Aug 6, 1962

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IS CONCLUSIVE FOR ALL PURPOSES. YOUR REQUEST FOR DECISION WAS ASSIGNED NO. COPY OF WHICH WAS FURNISHED WITH YOUR LETTER. SHOWS THAT CALDIE WAS TRANSFERRED TO THE FLEET RESERVE. HE WAS CREDITED WITH 3 YEARS. WAS ONLY 19 YEARS. PROVIDES THAT WHEN A MEMBER OF THE NAVAL SERVICE IS TRANSFERRED BY THE SECRETARY OF THE NAVY TO THE FLEET RESERVE. THE TRANSFER IS CONCLUSIVE FOR ALL PURPOSES. THE ACTION OF THE SECRETARY IS NOT SUBJECT TO REVIEW BY THIS OFFICE.

B-149428, AUG. 6, 1962

TO COMMANDER M. M. ALEXANDER, DISBURSING OFFICER, U.S. NAVY FINANCE CENTER:

BY SECOND ENDORSEMENT DATED JULY 11, 1962, THE COMPTROLLER OF THE NAVY FORWARDED YOUR LETTER OF MAY 29, 1962, REQUESTING AN ADVANCE DECISION AS TO WHETHER THE TRANSFER TO THE FLEET RESERVE OF JACK ARTHUR CALDIE, 306 22 34, BT1, IS CONCLUSIVE FOR ALL PURPOSES. YOUR REQUEST FOR DECISION WAS ASSIGNED NO. DO-N-663 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

AUTHORIZATION FOR TRANSFER TO FLEET RESERVE, COPY OF WHICH WAS FURNISHED WITH YOUR LETTER, SHOWS THAT CALDIE WAS TRANSFERRED TO THE FLEET RESERVE, CLASS F-6, ON MARCH 1, 1962, HAVING BEEN CREDITED WITH 20 YEARS, 2 MONTHS AND 8 DAYS' SERVICE FOR TRANSFER PURPOSES. HOWEVER, DUE TO A MATHEMATICAL ERROR, HE WAS CREDITED WITH 3 YEARS, 11 MONTHS AND 24 DAYS' SERVICE RATHER THAN 2 YEARS, 11 MONTHS AND 24 DAYS FOR A TERM OF ENLISTMENT COVERING THE PERIOD APRIL 22, 1949, TO APRIL 21, 1952, WHICH INCLUDED SIX DAYS OF UNAUTHORIZED ABSENCE. THUS HIS SERVICE PROPERLY CREDITABLE FOR TRANSFER ON MARCH 1, 1962, WAS ONLY 19 YEARS, 2 MONTHS AND 8 DAYS.

SECTION 6332 OF TITLE 10, U.S. CODE, PROVIDES THAT WHEN A MEMBER OF THE NAVAL SERVICE IS TRANSFERRED BY THE SECRETARY OF THE NAVY TO THE FLEET RESERVE, THE TRANSFER IS CONCLUSIVE FOR ALL PURPOSES. HENCE, THE ACTION OF THE SECRETARY IS NOT SUBJECT TO REVIEW BY THIS OFFICE. IN THE ABSENCE OF A CORRECTION OF THE ERROR BY THE SECRETARY OF THE NAVY, THE TRANSFER MUST STAND AS MADE.