B-161013, MAY 5, 1967

B-161013: May 5, 1967

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RETIRED: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 9. WHICH WAS FORWARDED HERE BY LETTER DATED APRIL 11. THE MATTER WAS CAREFULLY CONSIDERED AND BY DECISION OF APRIL 7. BECAME EFFECTIVE PRIOR TO YOUR RETIREMENT AND THAT NO REDUCTION IN YOUR RETIRED PAY IS AUTHORIZED FOR THE PURPOSE OF PROVIDING AN ANNUITY UNDER THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN. IT IS UNFORTUNATE THAT YOU HAVE BEEN PLACED IN AN UNFAVORABLE POSITION IN THE PLANNING OF YOUR ESTATE. THAT YOUR REVOCATION WAS NOT AUTHORIZED. YOUR RIGHT TO PARTICIPATE IN THE PLAN WAS EXTINGUISHED UNDER THE LAW APPLICABLE IN YOUR CASE. CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE ARE CONSIDERED AND SETTLED ON THE BASIS OF THE WRITTEN RECORD AND GENERALLY PERSONAL INTERVIEWS SERVE NO USEFUL PURPOSE SINCE WE HAVE NO PROCEDURE FOR THE HEARING OF ARGUMENTS OR THE TAKING OF TESTIMONY.

B-161013, MAY 5, 1967

TO COLONEL ALBERT V. BOWERS, AUS, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 9, 1967, CONCERNING YOUR ELIGIBILITY TO PARTICIPATE IN THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN, WHICH WAS FORWARDED HERE BY LETTER DATED APRIL 11, 1967, FROM THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY.

THE MATTER WAS CAREFULLY CONSIDERED AND BY DECISION OF APRIL 7, 1967, B- 161013, COPY HEREWITH, WE DETERMINED THAT YOUR REVOCATION SIGNED ON JULY 8, 1960, BECAME EFFECTIVE PRIOR TO YOUR RETIREMENT AND THAT NO REDUCTION IN YOUR RETIRED PAY IS AUTHORIZED FOR THE PURPOSE OF PROVIDING AN ANNUITY UNDER THE RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN. YOUR LETTER OF APRIL 9, 1967, CONTAINS NO INFORMATION OR EVIDENCE NOT PREVIOUSLY CONSIDERED AND THEREFORE PROVIDES NO BASIS FOR REACHING A DIFFERENT CONCLUSION IN YOUR CASE.

IT IS UNFORTUNATE THAT YOU HAVE BEEN PLACED IN AN UNFAVORABLE POSITION IN THE PLANNING OF YOUR ESTATE, BECAUSE OF YOUR RELIANCE ON THE ERRONEOUS DETERMINATION OF THE ADJUTANT GENERAL ON SEPTEMBER 9, 1960, THAT YOUR REVOCATION WAS NOT AUTHORIZED. HOWEVER, AN ERRONEOUS INTERPRETATION OF THE LAW DOES NOT ENTITLE YOU TO RIGHTS NOT AUTHORIZED BY LAW. THE FACT THAT YOU ACTED IN GOOD FAITH IN PLANNING YOUR AFFAIRS ON THE BASIS OF ERRONEOUS INFORMATION DOES NOT ALTER THE FACT THAT YOUR REVOCATION BECAME EFFECTIVE UPON THE EXPIRATION OF FIVE YEARS, SINCE YOU DID NOT RETIRE BEFORE THAT TIME. ACCORDINGLY, YOUR RIGHT TO PARTICIPATE IN THE PLAN WAS EXTINGUISHED UNDER THE LAW APPLICABLE IN YOUR CASE.

YOUR OFFER TO COME TO WASHINGTON TO PRESENT ORAL TESTIMONY IF SUCH WOULD BE HELPFUL IN OUR RENDERING A DECISION HAS BEEN NOTED. CLAIMS COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE ARE CONSIDERED AND SETTLED ON THE BASIS OF THE WRITTEN RECORD AND GENERALLY PERSONAL INTERVIEWS SERVE NO USEFUL PURPOSE SINCE WE HAVE NO PROCEDURE FOR THE HEARING OF ARGUMENTS OR THE TAKING OF TESTIMONY. OUR DECISION OF APRIL 7, 1967, WAS RENDERED ON THE BASIS OF THE FACTS OF RECORD IN YOUR CASE AND UNLESS THAT INFORMATION IS INCORRECT, IT SEEMS DOUBTFUL THAT ANY STATEMENT YOU COULD MAKE WOULD HAVE ANY BEARING ON OUR DECISION IN THE MATTER.

IF YOU HAVE ANY ADDITIONAL PERTINENT FACTS NOT HERETOFORE CONSIDERED IN THIS MATTER AND FURNISH SUCH INFORMATION BY MAIL, YOUR CASE WILL BE GIVEN FURTHER CONSIDERATION IN THE LIGHT OF THE ADDITIONAL INFORMATION.