B-134152, DEC. 12, 1957

B-134152: Dec 12, 1957

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JOSEPH COLBY: FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 4. WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 26. 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: CHART TERM ENLISTED DISCHARGED DEDUCTIONS SERVICE FOR TRANSFER 4 YRS 1- 9 -08 1- 8-12 0-0-8 (AOL) 3-11-22 4 YRS1-11-12 1-12-16 0-0-4 (AOL) 3-11-28 4 YRS 1-13-16 10-23-19 4- 0- 0 4 YRS 10-28-19 7-10-22 2- 8-13 . TOTAL NAVAL SERVICE AT TIME OF TRANSFER 14- 8- 3 ACTIVE DUTY 7- 24-41 TO 7-31-45 4- 0- 7 DATE OF RETIREMENT: 1 DECEMBER 1937" YOU WERE TRANSFERRED TO THE FLEET NAVAL RESERVE WITH TOTAL CREDITABLE SERVICE OF 14 YEARS.

B-134152, DEC. 12, 1957

TO MR. JOSEPH COLBY:

FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 4, 1957, FROM KING AND KING, YOUR ATTORNEYS, REQUESTING THE RECONSIDERATION OF 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 INCREASED RETIRED PAY FOR THE PERIOD AUGUST 1, 1945, TO MARCH 6, 1947, WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 26, 1954, ON THE GROUND THAT SINCE YOU DID NOT COMPLETE AT LEAST TWENTY YEARS' SERVICE, BEFORE AND AFTER TRANSFER TO THE FLEET NAVAL RESERVE, 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. ROUNSAVELL, OUR CLAIM NO. Z-1804002, REQUEST REVIEW OF THE SETTLEMENT OF APRIL 26, 1954, AND REQUEST THAT YOUR CLAIM BE AMENDED SO AS TO COVER THE PERIOD FROM AUGUST 1, 1945, TO DATE OF SETTLEMENT.

ON SEPTEMBER 25, 1953, THE CHIEF OF NAVAL PERSONNEL ADVISED US IN CONNECTION WITH YOUR CASE AS FOLLOWS:

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

CHART TERM ENLISTED DISCHARGED DEDUCTIONS SERVICE FOR TRANSFER 4 YRS 1- 9 -08 1- 8-12 0-0-8 (AOL) 3-11-22 4 YRS1-11-12 1-12-16 0-0-4 (AOL) 3-11-28 4 YRS 1-13-16 10-23-19 4- 0- 0 4 YRS 10-28-19 7-10-22 2- 8-13

-------- TOTAL NAVAL SERVICE AT TIME OF TRANSFER 14- 8- 3 ACTIVE DUTY 7- 24-41 TO 7-31-45 4- 0- 7 DATE OF RETIREMENT: 1 DECEMBER 1937"

YOU WERE TRANSFERRED TO THE FLEET NAVAL RESERVE WITH TOTAL CREDITABLE SERVICE OF 14 YEARS, 8 MONTHS, AND 3 DAYS. YOU PERFORMED ACTIVE DUTY AFTER TRANSFER OF 4 YEARS AND 7 DAYS, AN AGGREGATE OF 18 YEARS, 8 MONTHS, AND 10 DAYS. THAT AGGREGATE WOULD NOT HAVE ENTITLED YOU ON JULY 31, 1945, TO TRANSFER TO THE FLEET RESERVE AS "TWENTY-YEAR" MAN. COMPARE B-134160, DECEMBER 4, 1957, 37 COMP. GEN. - , COPY ENCLOSED.

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