B-154592, AUG. 14, 1964

B-154592: Aug 14, 1964

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PYLE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 17. WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES WHICH YOU ASSERT ARE DUE YOU ON THE GROUND THAT YOU HAVE NEVER BEEN LEGALLY RETIRED FROM THE UNITED STATES AIR FORCE. YOU ALLEGE THAT THE APPLICABLE AIR FORCE REGULATIONS WERE NOT COMPLIED WITH. THAT YOU WERE NEVER CALLED TO APPEAR BEFORE THE PROPER BOARDS AS REQUIRED BY SUCH REGULATIONS. THAT OFFICE FURTHER REPORTED THAT SUCH ORDERS HAVE BEEN ACCEPTED AS AUTHORITY FOR ESTABLISHING RETIRED PAY ENTITLEMENT. YOUR RETIRED PAY ACCOUNT IS CONSIDERED TO BE IN ORDER. IT IS NOTED THAT YOUR SIGNATURE APPEARS ON DD FORM 418. THE DETERMINATION OF THE FITNESS OF A MEMBER OF THE AIR FORCE FOR ACTIVE DUTY OR THE DETERMINATION OF DISABILITY FOR RETIREMENT IS VESTED BY LAW IN THE SECRETARY OF THE AIR FORCE AND WOULD NOT APPEAR TO BE A MATTER FOR CONSIDERATION BY THIS OFFICE.

B-154592, AUG. 14, 1964

TO MR. LOUIS W. PYLE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 17, 1964, REQUESTING REVIEW OF OUR SETTLEMENT OF JUNE 2, 1964, WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES WHICH YOU ASSERT ARE DUE YOU ON THE GROUND THAT YOU HAVE NEVER BEEN LEGALLY RETIRED FROM THE UNITED STATES AIR FORCE. YOU ALLEGE THAT THE APPLICABLE AIR FORCE REGULATIONS WERE NOT COMPLIED WITH; THAT YOU WERE NEVER CALLED TO APPEAR BEFORE THE PROPER BOARDS AS REQUIRED BY SUCH REGULATIONS; AND THAT YOU NEVER SIGNED THE PAPERS NECESSARY TO EFFECT YOUR RETIREMENT FOR DISABILITY.

THE AIR FORCE ACCOUNTING AND FINANCE CENTER REPORTED TO US THAT SPECIAL ORDERS NO. C-251, APRIL 24, 1959, ISSUED BY THE DEPARTMENT OF THE AIR FORCE, WASHINGTON, PLACED YOU ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE MAY 5, 1959, AND THAT SPECIAL ORDER NO. AB 1911, MARCH 27, 1962, ISSUED BY THE DEPARTMENT OF THE AIR FORCE, WASHINGTON, REMOVED YOU PERMANENTLY EFFECTIVE MARCH 31, 1962. THAT OFFICE FURTHER REPORTED THAT SUCH ORDERS HAVE BEEN ACCEPTED AS AUTHORITY FOR ESTABLISHING RETIRED PAY ENTITLEMENT; THAT NO BASIS HAS BEEN FOUND FOR QUESTIONING THE VALIDITY OF SUCH ORDERS; AND THAT, THEREFORE, YOUR RETIRED PAY ACCOUNT IS CONSIDERED TO BE IN ORDER. IN THIS CONNECTION, IT IS NOTED THAT YOUR SIGNATURE APPEARS ON DD FORM 418, MARCH 31, 1962, ELECTING TO RECEIVE DISABILITY RETIRED PAY BASED ON THE NUMBER OF YEARS OF ACTIVE SERVICE UPON REMOVAL OF YOUR NAME FROM THE TEMPORARY DISABILITY RETIRED LIST AND PERMANENT RETIREMENT.

THE DETERMINATION OF THE FITNESS OF A MEMBER OF THE AIR FORCE FOR ACTIVE DUTY OR THE DETERMINATION OF DISABILITY FOR RETIREMENT IS VESTED BY LAW IN THE SECRETARY OF THE AIR FORCE AND WOULD NOT APPEAR TO BE A MATTER FOR CONSIDERATION BY THIS OFFICE.

YOU ARE ADVISED, THEREFORE, THAT WE CANNOT TAKE FAVORABLE ACTION ON YOUR CLAIM. ACCORDINGLY, THE DISALLOWANCE OF JUNE 2, 1964, IS SUSTAINED.