B-154035, JUN. 23, 1964

B-154035: Jun 23, 1964

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VETERANS ADMINISTRATION: REFERENCE IS MADE TO YOUR LETTER OF MARCH 20. BACHELDER WAS PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST ESTABLISHED UNDER THE ACT OF MAY 24. WHICH HAVE BEEN PAID TO MR. THERE IS NO INDICATION IN THE FILE BEFORE US THAT MR. THE CERTIFICATION REFERRED TO WAS MADE UNDER A PROCEDURE WHICH WAS DISCONTINUED AUGUST 1. BACHELDER FURNISHED US COPIES OF RECORDS SHOWING THAT IN ADDITION TO HIS ACTIVE SERVICE HE HAD INACTIVE SERVICE WHICH WAS CREDITABLE IN COMPUTATION OF HIS ACTIVE DUTY PAY UNDER THE PAY READJUSTMENT ACT OF 1942. WAS ADVANCED TO THE GRADE OF MAJOR WHICH WAS THE HIGHEST TEMPORARY GRADE IN WHICH HE HAD SERVED SATISFACTORILY ON ACTIVE DUTY AFTER TRANSFER TO THAT RETIRED LIST AND BECAME ENTITLED TO HAVE HIS RETIRED PAY COMPUTED "ON THE BASIS OF THE BASE AND LONGEVITY PAY WHICH HE WOULD RECEIVE IF SERVING ON ACTIVE DUTY IN SUCH HIGHER GRADE * * *.' 28 COMP.

B-154035, JUN. 23, 1964

TO MR. B. G. VECCHIONE, ACTING ADJUDICATION OFFICER, VETERANS ADMINISTRATION:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 20, 1964, C-563 800, 3072/211, REQUESTING VERIFICATION OF THE CORRECT RATES OF EMERGENCY OFFICERS' RETIRED PAY FOR THE PERIOD AUGUST 1, 1954, TO THE PRESENT TIME IN THE CASE OF MR. FRANK E. BACHELDER, A FORMER OFFICER OF THE ARMY OF THE UNITED STATES.

MR. BACHELDER WAS PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST ESTABLISHED UNDER THE ACT OF MAY 24, 1928, CH. 735, 45 STAT. 735, ON THE BASIS OF DISABILITY INCURRED WHILE SERVING IN THE ARMY AS A FIRST LIEUTENANT DURING WORLD WAR I. FROM JUNE 9, 1942, TO DECEMBER 19, 1944, HE SERVED UNDER A TEMPORARY APPOINTMENT IN THE GRADE OF MAJOR, ARMY OF THE UNITED STATES.

THE RATES CITED IN YOUR LETTER, WHICH HAVE BEEN PAID TO MR. BACHELDER ON THE BASIS OF A CERTIFICATION MADE BY OUR AUDIT DIVISION IN OCTOBER 1954, REPRESENT THE CORRECT AMOUNTS FOR AN OFFICER IN THE GRADE OF MAJOR WITH OVER 3 BUT LESS THAN 6 YEARS OF SERVICE CREDITABLE FOR LONGEVITY PURPOSES WHO DID NOT ELECT UNDER SECTION 411 OF THE CAREER COMPENSATION ACT OF 1949, APPROVED OCTOBER 12, 1949, CH. 681, 63 STAT. 823, TO QUALIFY FOR DISABILITY RETIRED PAY UNDER THAT ACT. THERE IS NO INDICATION IN THE FILE BEFORE US THAT MR. BACHELDER FILED SUCH AN ELECTION.

THE CERTIFICATION REFERRED TO WAS MADE UNDER A PROCEDURE WHICH WAS DISCONTINUED AUGUST 1, 1955, AS EXPLAINED IN OUR LETTER OF JUNE 28, 1955, A-23432, TO THE HONORABLE H. V. HIGLEY, ADMINISTRATOR, VETERANS ADMINISTRATION, IN WHICH WE ALSO STATED THAT WE WOULD GIVE COOPERATION AND ASSISTANCE IN ANY PARTICULAR CASE SUBMITTED TO US WITH A QUESTION AS TO THE PROPER RATE PAYABLE.

SUBSEQUENT TO RECEIPT OF YOUR LETTER, MR. BACHELDER FURNISHED US COPIES OF RECORDS SHOWING THAT IN ADDITION TO HIS ACTIVE SERVICE HE HAD INACTIVE SERVICE WHICH WAS CREDITABLE IN COMPUTATION OF HIS ACTIVE DUTY PAY UNDER THE PAY READJUSTMENT ACT OF 1942, APPROVED JUNE 16, 1942, CH. 413, 56 STAT. 359, AS AMENDED, 37 U.S.C. 101, 103A (1946 ED.) MAKING A TOTAL OF OVER 9 YEARS OF SERVICE AS FOLLOWS:

TABLE

YRS. MOS. DS.

ENLISTED, FEDERALLY RECOGNIZED

MASSACHUSETTS NATIONAL GUARD 12) 1/14 TO 3/29/17 2 3 29

ENLISTED, ARMY OF THE UNITED

STATES 3/30/17 TO 9/30/18 1 6 1

COMMISSIONED, ARMY OF THE

UNITED STATES 10) 1/18 TO 4/29/19 0 6 29

ENLISTED, ENLISTED RESERVE

CORPS 3/20/23 TO 3/19/26 3 0 0

COMMISSIONED, ARMY OF THE

UNITED STATES 6) 9/42 TO 12/19/44 2 6 11

TOTAL 9 11 10

PURSUANT TO SECTION 203 (A) OF THE ACT OF JUNE 29, 1948, CH. 708, 62 STAT. 1085, MR. BACHELDER, AFTER BEING RETURNED TO THE EMERGENCY OFFICERS' RETIRED LIST, WAS ADVANCED TO THE GRADE OF MAJOR WHICH WAS THE HIGHEST TEMPORARY GRADE IN WHICH HE HAD SERVED SATISFACTORILY ON ACTIVE DUTY AFTER TRANSFER TO THAT RETIRED LIST AND BECAME ENTITLED TO HAVE HIS RETIRED PAY COMPUTED "ON THE BASIS OF THE BASE AND LONGEVITY PAY WHICH HE WOULD RECEIVE IF SERVING ON ACTIVE DUTY IN SUCH HIGHER GRADE * * *.' 28 COMP. GEN. 620.

IN VIEW OF THE ADDITIONAL SERVICE CREDITABLE TO MR. BACHELDER FOR LONGEVITY PURPOSES, WHICH WAS NOT CONSIDERED AT THE TIME THE CERTIFICATION OF OCTOBER 12, 1954, WAS MADE, YOU ARE AUTHORIZED TO ADJUST HIS EMERGENCY OFFICER'S RETIRED PAY TO THAT COMPUTED ON THE PAY OF A MAJOR WITH OVER 9 YEARS OF SERVICE UNDER THE 1946 PAY RATES WITH PERCENTAGE INCREASES THEREAFTER AS FOLLOWS:

CHART

AUGUST 1, 1954, TO MARCH 31, 1955, AT $246.68 PER MONTH

APRIL 1, 1955, TO MAY 31, 1958, AT $261.48 PER MONTH

JUNE 1, 1958 TO SEPTEMBER 20, 1963, AT $277.17 PER MONTH

OCTOBER 1, 1963 TO DATE AT $291.03 PER MONTH ..END :