A-16666, OCT. 26, 1967

A-16666, OCT. 26, 1967

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL DECISION TO RETIRED NAVY OFFICER CONCERNING CLAIMS FOR TRANSPORTATION OF DEPENDENTS INCIDENT TO RETIREMENT AND FOR INCREASED RETIRED PAY. RETIRED OFFICER WHO DID NOT FILE CLAIM FOR DEPENDENTS TRAVEL FROM PORT HUENEME, CAL. TO GRAND RAPIDS, MICHIGAN IN 1945 UNTIL 1963 IS ADVISED THAT EVEN IF ACT OF OCT. 9, 1940 DID NOT PRECLUDE CONSIDERATION OF CLAIM, TRANSPORTATION TO PORT HUENEME, PLACE DESIGNATED, EXHAUSTED ENTITLEMENT TO TRANSPORTATION AND THEREFORE TRAVEL TO GRAND RAPIDS WAS NOT REIMBURSABLE TRAVEL. A RECAPITULATION OF PAY INDICATES THAT MEMBER HAS BEEN PROPERLY PAID RETIRED PAY.

TO COMMANDER ROY A. DARLING, USNR, RETIRED:

REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 26 AND SEPTEMBER 14, 1967, CONCERNING YOUR CLAIMS FOR AMOUNTS BELIEVED TO BE DUE INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVY.

IN THE DECISION OF AUGUST 15, 1967, A-16666, YOU WERE ADVISED THAT SINCE MORE THAN 10 FULL YEARS ELAPSED BETWEEN THE DATE YOUR CLAIM FOR REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENTS FROM PORT HUENEME, CALIFORNIA, TO BIG RAPIDS, MICHIGAN, ACCRUED WHEN YOU RETIRED FROM THE U.S. NAVY ON DECEMBER 16, 1945, AND THE TIME IT WAS FIRST RECEIVED IN OUR OFFICE IN DECEMBER 1963, YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, AND WE HAD NO CHOICE BUT TO RETURN IT TO YOU AS PROVIDED BY LAW. IT APPEARS TO BE YOUR VIEW THAT AN EXCEPTION MAY BE MADE TO THE ACT OF OCTOBER 9, 1940, IN YOUR CASE AND THAT YOU SHOULD BE REIMBURSED FOR THE TRANSPORTATION OF YOUR DEPENDENTS.

YOU WERE ADVISED BY THE BUREAU OF NAVAL PERSONNEL IN LETTER DATED MAY 25, 1950, THAT YOUR ORDERS DATED FEBRUARY 9 AND APRIL 19, 1944, EFFECTED A PERMANENT CHANGE OF STATION FROM SOLOMONS, MARYLAND, TO GROPAC 11, THE PERMANENT LOCATION OF WHICH WAS OMITTED FROM THE ORDERS FOR REASONS OF SECURITY, AND THAT THE SUBSEQUENT MOVEMENT ORDER OF GROPAC 11 FROM PORT HUENEME DID NOT CONSTITUTE A PERMANENT CHANGE OF STATION WHICH WOULD CREATE A RIGHT TO TRANSPORTATION OF DEPENDENTS. THE BUREAU OF NAVAL PERSONNEL ALSO ADVISED YOU THAT THE TRANSPORTATION AUTHORIZED IN SUCH CASE WAS FROM THE LAST PERMANENT DUTY STATION IN THE UNITED STATES TO THE PLACE DESIGNATED BY THE MEMBER CONCERNED, AND FROM SUCH DESIGNATED PLACE TO THE NEW PERMANENT DUTY STATION WITHIN THE UNITED STATES TO WHICH THE MEMBER MAY BE SUBSEQUENTLY ORDERED TO DUTY.

ON THE BASIS THAT YOU DESIGNATED PORT HUENEME, CALIFORNIA, AS THE POINT TO WHICH TRANSPORTATION OF YOUR DEPENDENTS WAS DESIRED YOU WERE REIMBURSED FOR THEIR TRAVEL TO THAT POINT. AS YOU WERE ADVISED BY THE BUREAU OF NAVAL PERSONNEL THAT MOVEMENT EXHAUSTED YOUR RIGHT TO TRANSPORTATION FOR YOUR DEPENDENTS UNDER YOUR ORDERS TO GROPAC 11 AND YOU WERE NOT ENTITLED TO THEIR TRANSPORTATION AT GOVERNMENT EXPENSE FROM PORT HUENEME TO BIG RAPIDS, MICHIGAN, IN CONNECTION WITH THOSE ORDERS. THUS, YOU WOULD NOT BE ENTITLED TO REIMBURSEMENT FOR THIS TRANSPORTATION OF YOUR DEPENDENTS EVEN IF YOUR CLAIM WAS NOT BARRED BY THE ACT OF OCTOBER 9, 1940. SEE 26 COMP. GEN. 73, COPY ENCLOSED.

WE HAVE NO AUTHORITY TO MAKE EXCEPTIONS TO THE PROVISIONS OF THE BARRING ACT IN ANY CASE.

WITH REGARD TO THE REQUEST IN YOUR LETTER OF SEPTEMBER 14, 1967, FOR THE DATES AND PERIODS OF ACTION USED IN APPLYING TO YOUR ACCOUNT THE CURRENT PAY ACTS, YOU WERE ADVISED IN OUR DECISION OF AUGUST 15, 1967, A-16666, OF THE FOLLOWING INCREASES: DATE OF ACT SECTION REFERENCE

EFFECTIVE DATE INCREASE ----------- ------- --------- -------------- ---- ---- MAY 19, 1952 2/B) 66 STAT. 80MAY 1, 1952 4 PERCENT MARCH 31, 1955

6 69 STAT. 23 APRIL 1, 1955 6 PERCENT MAY 20, 1958 4/A) 72 STAT. 128 JUNE 1, 1958 6 PERCENT OCT. 2, 1963 5/E) 77 STAT. 213 OCT. 1, 1963 5 PERCENT AUG. 21, 1965 5/A) 79 STAT. 547 SEPT. 1, 1965 4.4 PERCENT AUG. 21, 1965

5/B) 79 STAT. 547 DEC. 1, 1966 3.7 PERCENT

BY SETTLEMENT DATED DECEMBER 10, 1959, YOU WERE ALLOWED THE SUM OF $10,835.53 ON ACCOUNT OF THE JUDGMENT RENDERED IN THE UNITED STATES COURT OF CLAIMS ON NOVEMBER 20, 1959, IN THE CASE OF ROY A. DARLING V. UNITED STATES, NO. 229-58. IN THAT SETTLEMENT YOUR RETIRED PAY WAS COMPUTED AT THE RATE OF 75 PERCENT OF THE PAY OF THE GRADE IN WHICH RETIRED AND THE PERCENTAGE ADJUSTMENTS INDICATED ABOVE WERE MADE AS OF THEIR EFFECTIVE DATE, AS FOLLOWS:

CREDITS

------- RETIRED PAY - ACCRUED: 5/52 TO 3/55, 35 MONTHS $429 ($550 TIMES 75 PERCENT EQUALS

$412.50, PLUS 4 PERCENT EFFECTIVE 5/52) $15,015.00 4/55 TO 5/58, 38 MONTHS

$454.74 ($429 PLUS 6 PERCENT) 17,280.12 6/58 TO 9/59, 16 MONTHS $482.02 ($454.74 PLUS 6 PERCENT) 7,712.32

$40,007.44

DEBITS

------ RETIRED PAY - RECEIVED: 5/52 TO 3/55, 35 MONTHS $312.81

$10,948.35 4/55 TO 5/58, 38 MONTHS $331.58 12,600.04 6/58 TO 9/59, 16 MONTHS $351.47 5,623.52

$29,171.91

DIFFERENCE DUE $10,835.53

OUR OFFICE ALSO ALLOWED YOU AN ADJUSTMENT IN RETIRED PAY OF $111.72 PER MONTH IN A SETTLEMENT DATED JULY 22, 1960, FOR THE PERIOD OCTOBER 1, 1949 TO APRIL 30, 1952, BASED ON 75 PERCENT OF THE PAY OF A COMMANDER WITH OVER 30 YEARS' SERVICE, INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVAL RESERVE DUE IN ACCORDANCE WITH YOUR JUDGMENT AND COMPUTED AS FOLLOWS: 10/1/49 TO 6/30/50, 9 MONTHS $111.72

($412.50 - $300.78) $1,005.48 7/1/50 TO 6/30/51, 12 MONTHS $111.72 1,340.64 7/1/51 TO 4/30/52, 10 MONTHS $111.72

1,117.20

$3,463.32 ALSO, YOUR RETIRED PAY WAS INCREASED TO $506.12 COMMENCING OCTOBER 1, 1963, TO $528.39 COMMENCING SEPTEMBER 1, 1965, AND TO $547.94 EFFECTIVE DECEMBER 1, 1966, TO GIVE EFFECT TO THE PERCENTAGE INCREASES DUE ON THOSE DATES AS INDICATED ABOVE.

WE TRUST THE FOREGOING SATISFACTORILY EXPLAINS THE STATUS OF YOUR CLAIMS AND YOUR RETIRED PAY ACCOUNT.