B-149090, AUG. 28, 1962

B-149090: Aug 28, 1962

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

RETIRED: REFERENCE IS MADE TO YOUR LETTER OF MAY 22. WHICH WAS DISALLOWED BY OUR CLAIMS DIVISION UNDER DATE OF AUGUST 14. THE RECORD SHOWS THAT YOU WERE RETIRED ON JULY 1. THAT YOU WERE RECALLED AND SERVED ON ACTIVE DUTY FROM OCTOBER 28. YOU WERE ADVISED IN THE DISALLOWANCE THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL APRIL 27. WHICH ARE IN PERTINENT PART AS FOLLOWS: "THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE. IS BARRED. UNDER METHOD (B) YOU HAVE RECEIVED RETIRED PAY COMPUTED AT 2 1/2 PERCENT OF THE PAY OF A LIEUTENANT COMMANDER WITH OVER 26 YEARS OF SERVICE (MAXIMUM BASIC PAY RATE FOR A LIEUTENANT COMMANDER) MULTIPLIED BY 27 YEARS OF ACTIVE SERVICE.

B-149090, AUG. 28, 1962

TO LIEUTENANT COMMANDER ELMO H. WILLIAMS, USN, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF MAY 22, 1962, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR ADJUSTMENT IN RETIRED PAY BASED ON THE FOURTH PARAGRAPH SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942, CH. 413, 56 STAT. 368, WHICH WAS DISALLOWED BY OUR CLAIMS DIVISION UNDER DATE OF AUGUST 14, 1961.

THE RECORD SHOWS THAT YOU WERE RETIRED ON JULY 1, 1928, HAVING SERVED IN THE NAVY CONTINUOUSLY SINCE JULY 6, 1903, AND THAT YOU WERE RECALLED AND SERVED ON ACTIVE DUTY FROM OCTOBER 28, 1940, TO JULY 28, 1942. AT THE TIME OF YOUR LAST RELEASE FROM ACTIVE DUTY YOU HAD COMPLETED A TOTAL OF 26 YEARS, 9 MONTHS AND 2 DAYS OF ACTIVE SERVICE.

YOU WERE ADVISED IN THE DISALLOWANCE THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL APRIL 27, 1961, NO CONSIDERATION COULD BE GIVEN THAT PORTION OF THE CLAIM COVERING THE PERIOD PRIOR TO APRIL 27, 1951, PURSUANT TO THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, WHICH ARE IN PERTINENT PART AS FOLLOWS:

"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.'

YOU ASSERT THAT THE ABOVE ACT SHOULD NOT BE APPLIED IN YOUR CASE BECAUSE YOU FILED A SIMILAR CLAIM WITH THE DEPARTMENT OF THE NAVY WITHIN THE LIMITATION PERIOD. THE FACT THAT YOU FILED A CLAIM FOR THE SAME ADJUSTMENT WITH THE DEPARTMENT OF THE NAVY WITHIN THE 10-YEAR PERIOD DOES NOT SATISFY THE REQUIREMENTS OF THAT ACT SINCE IT PROVIDES THAT SUCH CLAIMS MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER DATE OF ACCRUAL. SINCE RETIRED PAY ACCRUES ON A DAY BY DAY BASIS, THAT PORTION OF YOUR CLAIM COVERING THE PERIOD PRIOR TO APRIL 27, 1951, IS BARRED.

COMPUTATION OF YOUR RETIRED PAY SINCE OCTOBER 1, 1949, HAS BEEN GOVERNED BY SECTION 511 OF THE CAREER COMPENSATION ACT OF 1949, CH. 681, 63 STAT. 829, WHICH AUTHORIZES (A) PAYMENT IN ACCORDANCE WITH THE LAWS IN EFFECT PRIOR TO OCTOBER 1, 1949, OR (B) 2 1/2 PERCENT OF THE CURRENT BASIC PAY RATE MULTIPLIED BY YOUR YEARS OF ACTIVE SERVICE. UNDER METHOD (B) YOU HAVE RECEIVED RETIRED PAY COMPUTED AT 2 1/2 PERCENT OF THE PAY OF A LIEUTENANT COMMANDER WITH OVER 26 YEARS OF SERVICE (MAXIMUM BASIC PAY RATE FOR A LIEUTENANT COMMANDER) MULTIPLIED BY 27 YEARS OF ACTIVE SERVICE, THE FRACTION OF A YEAR OF MORE THAN 6 MONTH BEING COUNTED AS A WHOLE YEAR FOR THIS PURPOSE.

UPON RECONSIDERATION IT HAS BEEN DETERMINED THAT YOU ARE ENTITLED TO THE ADJUSTMENT CLAIMED, COMPUTED AT 75 PERCENT OF THE PAY OF A LIEUTENANT COMMANDER WITH OVER 30 YEARS OF SERVICE AS PROVIDED BY THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, 37 U.S.C. 101, 115 (1946 ED.), BASED ON THE COURT DECISIONS CITED BY YOU. THIS IS METHOD (A) UNDER SECTION 511 OF THE CAREER COMPENSATION ACT, OR "SAVED PAY," AND IS SUBJECT TO INCREASES OF 4 PERCENT UNDER THE ACT OF MAY 19, 1952, CH. 310, 66 STAT. 79, AND 6 PERCENT UNDER THE ACT OF MARCH 31, 1955,CH. 20, 69 STAT. 18. HOWEVER, EFFECTIVE APRIL 1, 1955, YOU RECEIVED RETIRED PAY AT THE RATE OF $400.14 PER MONTH, COMPUTED UNDER METHOD (B) USING THE NEW PAY RATES PROVIDED IN THE ACT OF MARCH 31, 1955, AND THAT RATE IS GREATER THAN THE RATE TO WHICH YOU WOULD BE ENTITLED UNDER METHOD (A) WITH THE PERCENTAGE INCREASE, $397.90. THEREFORE NO ADJUSTMENT IS DUE FOR ANY PERIOD AFTER MARCH 31, 1955.

OUR CLAIMS DIVISION IS BEING INSTRUCTED TO ISSUE A SETTLEMENT IN YOUR FAVOR COVERING THE ADJUSTMENT IN RETIRED PAY DESCRIBED ABOVE FOR THE PERIOD APRIL 27, 1951, TO MARCH 31, 1955, INCLUSIVE.

Oct 26, 2020

Oct 23, 2020

Oct 22, 2020

Oct 20, 2020

Oct 16, 2020

Looking for more? Browse all our products here