B-81662, JAN. 10, 1958

B-81662: Jan 10, 1958

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LEONARD COLEMAN DERBY: FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 4. WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 28. YOU WERE NOT ENTITLED TO THE BENEFITS PRESCRIBED IN SECTION 208 OF THE NAVAL RESERVE ACT OF 1938. THE FOLLOWING INFORMATION IS FURNISHED IN CONNECTION WITH SUBJECT MAN'S CLAIM: TABLE TERM ENLISTED DISCHARGED DEDUCTIONS SERVICE FOR TRANSFER 4 YRS 2-21 -08 2-20-12 0-0-1 (AWOL) 3-11 29 4 YRS 2-21-12 2-19-16 4- 0- 0 4 YRS 2-21-16 2- 3-20 4- 0- 0 4 YRS 2-18-20 7-11-22 2- 4-24 . - TOTAL NAVAL SERVICE AT TIME OF TRANSFER 14- 4-23 ACTIVE DUTY 8- 27-41 TO 3-19-45 3- 6-23 ACTIVE DUTY AFTER TRANSFER AND PRIOR TO 8 SEPTEMBER 1939: 6-24-24 TO 5-15-26 DATE OF RETIREMENT: 1 MARCH 1938" YOU WERE TRANSFERRED TO THE FLEET NAVAL RESERVE WITH TOTAL CREDITABLE SERVICE OF 14 YEARS.

B-81662, JAN. 10, 1958

TO MR. LEONARD COLEMAN DERBY:

FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 4, 1957, FROM KING AND KING, YOUR ATTORNEYS, IN REGARD TO YOUR CLAIM FOR THE DIFFERENCE BETWEEN RETIRED PAY COMPUTED AS ONE-HALF OF BASE PAY PLUS PERMANENT ADDITIONS AND SUCH PAY COMPUTED AS ONE-THIRD OF BASE PAY PLUS PERMANENT ADDITIONS.

YOUR ORIGINAL CLAIM FOR SUCH INCREASE IN PAY FOR THE PERIOD MARCH 20, 1945, TO JULY 30, 1947, WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 28, 1954, ON THE GROUND THAT SINCE YOU HAD NOT COMPLETED MORE THAN 16 YEARS' SERVICE AT THE TIME OF YOUR TRANSFER TO THE FLEET RESERVE AND DID NOT PERFORM SUFFICIENT SERVICE AFTER TRANSFER TO ACHIEVE AN AGGREGATE OF 19 YEARS AND 6 MONTHS, YOU WERE NOT ENTITLED TO THE BENEFITS PRESCRIBED IN SECTION 208 OF THE NAVAL RESERVE ACT OF 1938, AS ADDED BY SECTION 3 OF THE ACT OF AUGUST 10, 1946, 60 STAT. 994.

IN THE LETTER OF SEPTEMBER 4, 1957, YOUR ATTORNEYS REFER TO THE CASE OF OKEY N. ROUNSAUELL, OUR CLAIM NO. Z-1804002, REQUEST REVIEW OF THE SETTLEMENT OF APRIL 28, 1954, AND REQUEST THAT YOUR CLAIM BE AMENDED SO AS TO COVER THE PERIOD FROM MARCH 20, 1945, TO DATE OF SETTLEMENT.

ON SEPTEMBER 18, 1953, THE CHIEF OF NAVAL PERSONNEL DEPARTMENT OF THE NAVY, ADVISED US, IN CONNECTION WITH YOUR CASE THAT:

"1. THE FOLLOWING INFORMATION IS FURNISHED IN CONNECTION WITH SUBJECT MAN'S CLAIM:

TABLE TERM ENLISTED DISCHARGED DEDUCTIONS SERVICE FOR TRANSFER 4 YRS 2-21 -08 2-20-12 0-0-1 (AWOL) 3-11 29 4 YRS 2-21-12 2-19-16

4- 0- 0 4 YRS 2-21-16 2- 3-20 4- 0- 0 4 YRS 2-18-20 7-11-22 2- 4-24

--------- TOTAL NAVAL SERVICE AT TIME OF TRANSFER 14- 4-23 ACTIVE DUTY 8- 27-41 TO 3-19-45 3- 6-23 ACTIVE DUTY AFTER TRANSFER AND PRIOR TO 8 SEPTEMBER 1939: 6-24-24 TO 5-15-26 DATE OF RETIREMENT: 1 MARCH 1938"

YOU WERE TRANSFERRED TO THE FLEET NAVAL RESERVE WITH TOTAL CREDITABLE SERVICE OF 14 YEARS, 4 MONTHS, AND 23 DAYS. YOU PERFORMED ACTIVE DUTY AFTER TRANSFER AND ON AND AFTER JULY 1, 1925, FOR THE PERIOD JULY 1, 1925, TO MAY 15, 1926, 10 MONTHS AND 15 DAYS, AND THE PERIOD AUGUST 27, 1941, TO MARCH 19, 1945, 3 YEARS, 6 MONTHS, AND 23 DAYS. THUS, YOUR CREDITABLE SERVICE BEFORE AND AFTER TRANSFER AGGREGATED 18 YEARS, 10 MONTHS, AND 1 DAY. THAT AGGREGATE WOULD NOT HAVE ENTITLED YOU ON MARCH 19, 1945, TO TRANSFER TO THE FLEET RESERVE AS A "TWENTY-YEAR" MAN. COMPARE B-134160, DECEMBER 4, 1957, 37 COMP. GEN. - , COPY ENCLOSED.