Skip to main content

B-147383, DEC. 7, 1961

B-147383 Dec 07, 1961
Jump To:
Skip to Highlights

Highlights

BALLARD DAUGHERTY: REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 2. WE CONCLUDED THAT YOU WERE NOT ENTITLED TO ANY ADDITIONAL RETIRED PAY NOTWITHSTANDING THE DECISION IN THE CASE OF MOJICA. THAT CONCLUSION WAS SUPPORTED BY A SHOWING THAT THE MONTHLY RETIRED PAY UNDER WHICH YOU WERE ALLOWED AN ADDITIONAL AMOUNT BY THE SETTLEMENT OF THIS OFFICE. WAS IN AN AMOUNT GREATER THAN THE MONTHLY RETIRED PAY RATE WHICH WOULD BE DERIVED BY COMPUTING YOUR RETIRED PAY ON THE BASIS OF OVER 25 YEARS OF SERVICE UNDER THE ABOVE-MENTIONED 2 1/2 PERCENT FORMULA. YOU HAVE RETURNED OUR LETTER OF OCTOBER 31. WHICH WAS ADDRESSED TO MR. IN WHICH WE INDICATED THAT ADDITIONAL RETIRED PAY WAS DUE HIM AS A FLEET RESERVIST ON HIS CLAIM BASED ON OVER 25 YEARS OF ACTIVE CONSTRUCTIVE SERVICE.

View Decision

B-147383, DEC. 7, 1961

TO MR. BALLARD DAUGHERTY:

REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 2, WITH ENCLOSURES, AND NOVEMBER 15, 1961, RELATIVE TO YOUR CLAIM FOR INCREASED RETIRED PAY AS A FLEET RESERVIST TO BE BASED UPON YOUR ACTIVE AND CONSTRUCTIVE SERVICE OF OVER 25 YEARS.

IN OUR LETTER OF OCTOBER 31, 1961, B-147383, IN WHICH WE SUSTAINED THE SETTLEMENT OF SEPTEMBER 19, 1960, BY OUR CLAIMS DIVISION ON YOUR CLAIM, WE CONCLUDED THAT YOU WERE NOT ENTITLED TO ANY ADDITIONAL RETIRED PAY NOTWITHSTANDING THE DECISION IN THE CASE OF MOJICA, ET AL. V. UNITED STATES, CT.CL. NO. 264-52, DECIDED JANUARY 20, 1960, UNDER WHICH YOUR RETIRED PAY MAY BE COMPUTED ON THE BASIS OF CREDITABLE SERVICE OF OVER 25 YEARS FOR THE 2 1/2 PERCENT FORMULA PRESCRIBED IN SECTION 204 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, 60 STAT. 933, 34 U.S.C. 854C (1946 ED.). THAT CONCLUSION WAS SUPPORTED BY A SHOWING THAT THE MONTHLY RETIRED PAY UNDER WHICH YOU WERE ALLOWED AN ADDITIONAL AMOUNT BY THE SETTLEMENT OF THIS OFFICE, COVERING THE PERIOD MAY 3, 1947, TO SEPTEMBER 30, 1949, WAS IN AN AMOUNT GREATER THAN THE MONTHLY RETIRED PAY RATE WHICH WOULD BE DERIVED BY COMPUTING YOUR RETIRED PAY ON THE BASIS OF OVER 25 YEARS OF SERVICE UNDER THE ABOVE-MENTIONED 2 1/2 PERCENT FORMULA.

YOU HAVE RETURNED OUR LETTER OF OCTOBER 31, 1961, AS WELL AS OUR LETTER OF SEPTEMBER 14, 1961, B-146185, WHICH WAS ADDRESSED TO MR. HILLARD DAUGHERTY, AND IN WHICH WE INDICATED THAT ADDITIONAL RETIRED PAY WAS DUE HIM AS A FLEET RESERVIST ON HIS CLAIM BASED ON OVER 25 YEARS OF ACTIVE CONSTRUCTIVE SERVICE. BECAUSE OF THE SIMILARITY OF HIS CLAIM TO THE ONE WHICH YOU HAD PRESENTED, YOU HAVE REQUESTED US TO ADJUST YOUR RETIRED PAY IN ACCORDANCE WITH OUR LETTER OF SEPTEMBER 14, 1961.

WE HAVE FOUND, UPON A RECOMPUTATION OF THE AMOUNTS PAYABLE TO MR. HILLARD DAUGHERTY ON THE BASIS OF HIS 25 YEARS, 2 MONTHS, AND 12 DAYS OF ACTIVE AND CONSTRUCTIVE SERVICE UNDER THE 2 1/2 PERCENT FORMULA PRESCRIBED IN SECTION 204 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, THAT NO AMOUNT IS DUE IN HIS CASE AND WE HAVE THIS DATE RELEASED A LETTER TO MR. HILLARD DAUGHERTY INFORMING HIM THAT NO ADDITIONAL RETIRED PAY IS DUE ON HIS CLAIM.

IN ACCORDANCE WITH YOUR REQUEST, OUR LETTERS OF SEPTEMBER 14 AND OCTOBER 31, 1961, ARE RETURNED.

GAO Contacts

Office of Public Affairs