B-146185, DEC. 7, 1961

B-146185, DEC. 7, 1961

TO MR. HILLARD DAUGHERTY:

IN OUR DECISION OF SEPTEMBER 14, 1961, B-146185, WE ADVISED YOU THAT WE WERE INSTRUCTING OUR CLAIMS DIVISION TO ISSUE A SUPPLEMENTAL SETTLEMENT ALLOWING YOU INCREASED RETIRED PAY FROM AUGUST 3, 1950, ON THE BASIS OF 25 YEARS OF SERVICE FOR DETERMINING THE PERCENTAGE MULTIPLE FACTOR UNDER SECTION 204 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, 34 U.S.C. 854C (1946 ED.).

UPON A FURTHER REVIEW OF THE MATTER, WE FIND THAT RETIRED PAY COMPUTED ON THE BASIS INDICATED IS LESS THAN THE TOTAL AMOUNT OF RETIRED PAY RECEIVED BY YOU DURING THE PERIOD INVOLVED, AUGUST 3, 1950, TO SEPTEMBER 30, 1961. THE RETIRED PAY RECEIVED BY YOU AND RETIRED PAY COMPUTED AS INDICATED IN THE DECISION OF SEPTEMBER 14, 1961, ARE DISCLOSED IN THE FOLLOWING COMPUTATION:

TABLE

GROSS AMOUNT PAID TO YOU AS CHIEF WARRANT

OFFICER (W-2) WITH OVER 22 YEARS OF SERVICE

BY THE DEPARTMENT OF THE NAVY AND ON SETTLEMENT

DATED MARCH 28, 1961, OF THE GENERAL ACCOUNTING

OFFICE

PERIOD GROSS MONTHLY RATE GROSS AMOUNT PAID 8/3/50 TO 4/30/52 $178.50 (BASED ON 1/2 BASE PAY FORMULA $3,736.60

PROVIDED BY SECTION 203 OF THE NAVAL

RESERVE ACT OF 1938, AS AMENDED, AND

METHOD (A) OF SECTION 511 OF THE CAREER

COMPENSATION ACT OF 1949, 63 STAT. 829) 5/1/52 TO 3/31/55 $185.64 (BASED ON THE ABOVE RATE OF 6,497.40

$178.50, INCREASED BY 4 PERCENT AS

PROVIDED BY SECTION 2 (B) OF THE

ACT OF 5/19/52, 66 STAT. 80) 4/1/55 TO 5/31/58 $213.95 (BASED ON THE MORE ADVANTAGEOUS 8,130.10

RATE PROVIDED BY SECTION 5 OF THE ACT OF

3/31/55, 69 STAT. 22, AS COMPUTED

UNDER METHOD (B) OF SECTION 511 OF

THE CAREER COMPENSATION ACT OF

1949, RATHER THAN ON THE SAVED PAY

RATE PURSUANT TO SECTION 203 OF THE

NAVAL RESERVE ACT, AS AMENDED, AND

METHOD (A) OF SECTION 511 OF THE

CAREER COMPENSATION ACT OF 1949) 6/1/58 TO 9/30/61 $226.79 (BASED ON THE ABOVE RATE 9,071.60

OF $213.95, INCREASED BY 6 PERCENT

AS PROVIDED BY SECTION 4 (A) OF THE

ACT OF 5/20/58, 77 STAT. 128)

TOTAL GROSS AMOUNT PAID FOR

PERIOD 8/3/50 TO 9/30/61 $27,435.70

GROSS AMOUNT PAYABLE UNDER SECTION 204 OF THE

NAVAL RESERVE ACT OF 1938, AS AMENDED, FOR

CHIEF WARRANT OFFICER (W-2) WITH OVER 25 YEARS

OF SERVICE FOR THE PERCENTAGE MULTIPLE FACTOR

(2 1/2 PERCENT TIMES 25 OR 62.5 PERCENT) AND

OVER 22 YEARS OF SERVICE FOR LONGEVITY PAY

PURPOSES PERIOD GROSS MONTHLY RATE GROSS AMOUNT PAID 8/3/50 TO 4/30/52 $177.19 $ 3,709.18 5/1/52 TO 3/31/55 $184.28 (BASED ON THE ABOVE RATE 6,449.80

OF $177.19, INCREASED BY 4 PERCENT

AS PROVIDED BY SECTION 2 (B)

OF THE ACT OF 5/19/52) 4/1/55 TO 5/31/58 $195.34 (BASED ON THE ABOVE RATE OF

7,422.92

$184.28, INCREASED BY 6 PERCENT AS

PROVIDED BY SECTION 6 OF THE ACT OF

3/31/55) 6/1/58 TO 9/30/61 $207.06 (BASED ON THE ABOVE RATE OF 8,282.40

$195.34, INCREASED BY 6 PERCENT AS

PROVIDED BY SECTION 4 (A) OF THE ACT

OF 5/20/58)

TOTAL GROSS AMOUNT PAYABLE FOR $25,864.30

PERIOD 8/3/50 TO 9/30/61

IT WILL BE SEEN THAT YOU HAVE RECEIVED RETIRED PAY IN AN AMOUNT GREATER THAN THAT WHICH YOU WOULD HAVE RECEIVED HAD YOUR RETIRED PAY BEEN COMPUTED UNDER SECTION 204 OF THE NAVAL RESERVE ACT, AS AMENDED, ON THE BASIS OF 25 YEARS OF ACTIVE AND CONSTRUCTIVE SERVICE FOR PERCENTAGE MULTIPLE PURPOSES. ACCORDINGLY, NO ADDITIONAL AMOUNT IS DUE YOU ON YOUR CLAIM.

WE REGRET HAVING INCLUDED IN OUR DECISION OF SEPTEMBER 14, 1961, INFORMATION WHICH DEVELOPED TO BE MISLEADING.