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B-144253, MAY 8, 1961

B-144253 May 08, 1961
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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF APRIL 7. YOU WERE ADVISED IN OUR LETTER TO YOU. THAT THAT ACTION WAS ERRONEOUS AND THAT SINCE THE JUDICIAL PROCEEDINGS IN THE HEINLEIN CASE (CT.CL.NO. 459-59. - WERE NOT THEN FINAL "* * * THE HEINLEIN DECISION MAY NOT SERVE AS A PRECEDENT.'. WE HAVE JUST BEEN NOTIFIED BY THE DEPARTMENT OF JUSTICE THAT THE JUDGMENT AGAINST THE GOVERNMENT IN THE HEINLEIN CASE "HAS NOW BECOME FINAL" AND THAT THE DEPARTMENT OF JUSTICE "WILL TAKE NO FURTHER ACTION WITH RESPECT THERETO.'. CONCERNING THE SETTLEMENT OF JUNE 1960 IN YOUR FAVOR IS REVERSED AND SINCE THAT SETTLEMENT MAY BE CONSIDERED AS AUTHORIZED UNDER THE RULE OF THE HEINLEIN DECISION. A COPY OF THIS LETTER IS BEING SENT DIRECT TO THE NAVY FINANCE CENTER.

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B-144253, MAY 8, 1961

TO LIEUTENANT COMMANDER BERTRAM P. MONTAGRIFF, U.S. NAVY, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 7, 1961, RELATIVE TO GENERAL ACCOUNTING OFFICE CLAIMS DIVISION CERTIFICATION ISSUED IN JUNE, 1960, ALLOWING YOU INCREASED RETIRED PAY UNDER THE RULE OF THE PHELAN DECISION OF JUNE 3, 1959 (PHELAN V. UNITED STATES, CT.CL.NO. 50 57).

YOU WERE ADVISED IN OUR LETTER TO YOU, B-144253, APRIL 4, 1961, THAT THAT ACTION WAS ERRONEOUS AND THAT SINCE THE JUDICIAL PROCEEDINGS IN THE HEINLEIN CASE (CT.CL.NO. 459-59, DECIDED DECEMBER 1, 1960/--- INVOLVING SUBSTANTIALLY THE SAME ISSUES AS THOSE PRESENTED IN YOUR CASE--- WERE NOT THEN FINAL "* * * THE HEINLEIN DECISION MAY NOT SERVE AS A PRECEDENT.'

WE HAVE JUST BEEN NOTIFIED BY THE DEPARTMENT OF JUSTICE THAT THE JUDGMENT AGAINST THE GOVERNMENT IN THE HEINLEIN CASE "HAS NOW BECOME FINAL" AND THAT THE DEPARTMENT OF JUSTICE "WILL TAKE NO FURTHER ACTION WITH RESPECT THERETO.'

ACCORDINGLY, THE CONCLUSION REACHED IN OUR LETTER OF APRIL 4, 1961, CONCERNING THE SETTLEMENT OF JUNE 1960 IN YOUR FAVOR IS REVERSED AND SINCE THAT SETTLEMENT MAY BE CONSIDERED AS AUTHORIZED UNDER THE RULE OF THE HEINLEIN DECISION, THE AMOUNT THEREOF NEED NOT BE REFUNDED BY YOU. A COPY OF THIS LETTER IS BEING SENT DIRECT TO THE NAVY FINANCE CENTER, RETIRED PAY DIVISION, CLEVELAND 14, OHIO.

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