B-142839, AUG. 19, 1960
Highlights
EVANS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 16. INASMUCH AS AN IDENTICAL CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF JULY 28. YOUR LETTER WILL BE REGARDED AS ARE QUEST FOR REVIEW OF THAT SETTLEMENT. ON THOSE ORDERS STATES THAT THEY WERE DELIVERED TO YOU ON THAT DATE. THE BUREAU OF NAVAL PERSONNEL REPORTED THAT THE RECORDS HAVE BEEN THOROUGHLY SEARCHED AND THAT THERE IS NO INDICATION THAT THE DATE THE ORDERS FOR YOUR RETIREMENT WERE DELIVERED TO YOU IS OTHER THAN THE DATE OF JULY 31. WHILE YOU STATE THAT YOU WERE RETAINED ON ACTIVE DUTY AFTER JULY 31. YOU HAVE FURNISHED NO ORDERS DIRECTING YOUR RETENTION ON ACTIVE DUTY AFTER THAT DATE AND IT DOES NOT APPEAR THAT YOU WERE SUBSEQUENTLY ASSIGNED TO ACTIVE DUTY SO AS TO BE ENTITLED TO ACTIVE DUTY PAY AFTER JULY 31.
B-142839, AUG. 19, 1960
TO MR. RUSSELL C. EVANS:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 16, 1960, ADDRESSED TO THE UNITED STATES NAVY FINANCE CENTER, CLEVELAND, OHIO, CONCERNING YOUR CLAIM FOR THE DIFFERENCE BETWEEN RETIRED PAY AND ACTIVE DUTY PAY FOR THE PERIOD AUGUST 1 TO 20, 1951, AS A MEMBER OF THE UNITED STATES NAVY. INASMUCH AS AN IDENTICAL CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF JULY 28, 1954, YOUR LETTER WILL BE REGARDED AS ARE QUEST FOR REVIEW OF THAT SETTLEMENT.
THE RECORDS SHOW THAT THE CHIEF OF NAVAL PERSONNEL, IN ORDERS DATED JULY 27, 1951, DIRECTED (1) YOUR RELEASE FROM ACTIVE DUTY, AND (2) YOUR TRANSFER TO THE RETIRED LIST OF THE NAVY BY REASON OF 10 PERCENT PERMANENT PHYSICAL DISABILITY UNDER THE PROVISIONS OF 37 U.S.C. 272, EFFECTIVE AUGUST 1, 1951. FIRST ENDORSEMENT OF JULY 31, 1951, ON THOSE ORDERS STATES THAT THEY WERE DELIVERED TO YOU ON THAT DATE. BY LETTER DATED JULY 18, 1960, THE BUREAU OF NAVAL PERSONNEL REPORTED THAT THE RECORDS HAVE BEEN THOROUGHLY SEARCHED AND THAT THERE IS NO INDICATION THAT THE DATE THE ORDERS FOR YOUR RETIREMENT WERE DELIVERED TO YOU IS OTHER THAN THE DATE OF JULY 31, 1951, SHOWN IN THE FIRST ENDORSEMENT THEREON.
THE RETIREMENT OF A MEMBER OF THE ARMED FORCES EFFECTS A COMPLETE SEVERANCE FROM AN ACTIVE-DUTY STATUS AND TERMINATES HIS RIGHT TO ACTIVE- DUTY PAY AND ALLOWANCES. THE TIME YOU SPENT UNDERGOING TREATMENT AT A GOVERNMENT HOSPITAL SUBSEQUENT TO YOUR RETIREMENT CANNOT BE CONSIDERED AS SERVICE PERFORMED ON ACTIVE DUTY. WHILE YOU STATE THAT YOU WERE RETAINED ON ACTIVE DUTY AFTER JULY 31, 1951, THE ORDERS DATED JULY 27, 1951, DIRECTED YOUR RETIREMENT EFFECTIVE AUGUST 1, 1951. YOU HAVE FURNISHED NO ORDERS DIRECTING YOUR RETENTION ON ACTIVE DUTY AFTER THAT DATE AND IT DOES NOT APPEAR THAT YOU WERE SUBSEQUENTLY ASSIGNED TO ACTIVE DUTY SO AS TO BE ENTITLED TO ACTIVE DUTY PAY AFTER JULY 31, 1951. UNDER SUCH CIRCUMSTANCES, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. SEE 31 COMP. GEN. 489; 39 COMP. GEN. 312.