B-123726, SEP. 5, 1957
Highlights
MAXWELL: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 12. AS WE EXPLAINED TO YOU IN THAT LETTER YOU WERE NOT ENTITLED TO SHIPMENT OF YOUR EFFECTS AT GOVERNMENT EXPENSE FROM LAST STATION TO HOME UPON RETIREMENT FOR THE REASON THAT YOU HELD THE GRADE OF PRIVATE FIRST CLASS AT THE TIME OF RETIREMENT. THE FACT THAT YOUR RETIREMENT ORDERS WERE AMENDED PURSUANT TO THE PROVISIONS OF SECTION 402 (D) OF THE CAREER COMPENSATION ACT OF 1949. TO SHOW THAT YOU WERE RETIRED AS CORPORAL (E-4) SO THAT YOUR DISABILITY RETIREMENT PAY COULD BE COMPUTED ON THE HIGHEST GRADE SATISFACTORILY HELD FROM THE DATE OF RETIREMENT. WERE ISSUED RETROACTIVELY TO CORRECT AN ADMINISTRATIVE ERROR MADE IN YOUR ORIGINAL RETIREMENT ORDERS WHICH WAS TO SHOW YOU WERE RETIRED IN THE GRADE OF PRIVATE FIRST CLASS.
B-123726, SEP. 5, 1957
TO MR. JOHN E. MAXWELL:
REFERENCE IS MADE TO YOUR LETTER DATED JUNE 12, 1957, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED MAY 24, 1955. THAT DECISION WE SUSTAINED THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED DECEMBER 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM DENVER, COLORADO, TO MITCHELL, SOUTH DAKOTA, IN OCTOBER 1951.
YOUR PRESENT LETTER DOES NOT FURNISH ANY INFORMATION NOT CONSIDERED BY US IN REACHING THE DECISION OF MAY 24, 1955. AS WE EXPLAINED TO YOU IN THAT LETTER YOU WERE NOT ENTITLED TO SHIPMENT OF YOUR EFFECTS AT GOVERNMENT EXPENSE FROM LAST STATION TO HOME UPON RETIREMENT FOR THE REASON THAT YOU HELD THE GRADE OF PRIVATE FIRST CLASS AT THE TIME OF RETIREMENT. THE FACT THAT YOUR RETIREMENT ORDERS WERE AMENDED PURSUANT TO THE PROVISIONS OF SECTION 402 (D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, TO SHOW THAT YOU WERE RETIRED AS CORPORAL (E-4) SO THAT YOUR DISABILITY RETIREMENT PAY COULD BE COMPUTED ON THE HIGHEST GRADE SATISFACTORILY HELD FROM THE DATE OF RETIREMENT, DID NOT CHANGE YOUR STATUS WITH RESPECT TO YOUR RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS.
REGARDING YOUR CONTENTION THAT THE ORDERS OF MARCH 7, 1951, WERE ISSUED RETROACTIVELY TO CORRECT AN ADMINISTRATIVE ERROR MADE IN YOUR ORIGINAL RETIREMENT ORDERS WHICH WAS TO SHOW YOU WERE RETIRED IN THE GRADE OF PRIVATE FIRST CLASS, IT CONSISTENTLY HAS BEEN HELD THAT ORDERS MAY NOT BE MODIFIED OR REVOKED RETROACTIVELY EXCEPT TO COMPLETE OR CLARIFY INCOMPLETE OR AMBIGUOUS PROVISIONS. SINCE YOU ACTUALLY WERE IN THE GRADE OF PRIVATE FIRST CLASS IT WAS LEGALLY REQUIRED THAT YOU BE RETIRED IN THAT GRADE. THEREFORE, YOUR ORDERS OF MARCH 7, 1951, WERE NEITHER INCOMPLETE NOR AMBIGUOUS BUT REFLECTED THE ACTUAL FACTS IN YOUR CASE. ACCORDINGLY, THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER. YOUR ORDERS OF MARCH 7, 1951, AND COMMENT NO. 4 DATED APRIL 25, 1957, ARE RETURNED AS REQUESTED.