B-120986, MAY 31, 1956

B-120986, MAY 31, 1956

TO MAJOR F. J. DECKER, CHIEF RETIRED PAY DIVISION:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 12, 1956, REQUESTING INFORMATION AS TO THE ADJUSTMENT EFFECTED IN THE RETIRED PAY OF MAJOR MARTIN R. RICE BY REASON OF THE HOLDING IN RICE V. UNITED STATES, C.CLS. NO. 312-54, DECIDED JULY 12, 1955. ALSO, YOU REQUEST DECISION AS TO WHETHER RETIRED PAY MAY BE PAID TO MAJOR RICE, RETROACTIVE TO JULY 13, 1955, AT THE INCREASED RATE INDICATED IN THE COURT'S OPINION.

IN THAT OPINION THE COURT HELD THAT THE OFFICER WAS ENTITLED, IN THE COMPUTATION OF HIS RETIRED PAY, TO ADDITIONAL LONGEVITY CREDIT BASED UPON INACTIVE TIME ON THE RETIRED LIST. JUDGMENT WAS ENTERED IN HIS FAVOR ON NOVEMBER 8, 1955, IN THE AMOUNT OF $8,781.50, REPRESENTING INCREASED RETIRED PAY FROM AUGUST 1, 1948, TO JULY 12, 1955. BY SETTLEMENT OF OUR OFFICE DATED FEBRUARY 21, 1956, THERE WAS CERTIFIED AS DUE MAJOR RICE THE SUM OF $8,781.50 IN ACCORDANCE WITH THE JUDGMENT. THE AMOUNT OF $8,781.50 WAS COMPUTED ON THE BASIS OF PAY AT THE RATE OF $360.94 PER MONTH FROM AUGUST 1, 1948, TO APRIL 30, 1952, AT THE RATE OF $375.38 PER MONTH FROM MAY 1, 1952, TO MARCH 31, 1955, AND AT THE RATE OF $397.90 PER MONTH FROM APRIL 1, 1955, TO JULY 12, 1955--- LESS AMOUNTS ALREADY PAID THE OFFICER AS RETIRED PAY FOR THE PERIOD AUGUST 1, 1948, TO JULY 12, 1955.

RESPECTING THE RETIRED PAY OF MAJOR RICE ON AND AFTER JULY 13, 1955, THE ATTORNEY GENERAL ON AUGUST 17, 1955, WAS ADVISED THAT ALTHOUGH WE WERE OF THE OPINION THAT THE COURT'S DECISION IN THE RICE CASE WAS QUESTIONABLE, WE DID NOT BELIEVE THAT A REQUEST FOR FURTHER PROCEEDINGS WOULD SERVE ANY USEFUL PURPOSE. ACCORDINGLY, YOU ARE AUTHORIZED TO ADJUST THE RETIRED PAY OF MAJOR RICE FROM JULY 13, 1955, IN ACCORDANCE WITH THE COURT'S DECISION OF JULY 12, 1955.