B-151080, APR. 8, 1965
Highlights
ATTORNEYS AT LAW: REFERENCE IS MADE TO YOUR LETTER OF MARCH 11. HAWLEY IS DISSATISFIED WITH THE CONCLUSION REACHED IN OUR DECISION OF JULY 1. THAT: "NO PROPER BASIS IS PRESENTED. HAWLEY'S RETIRED PAY ACCOUNT SHOULD BE CONTINUED ON THE SAME BASIS ON WHICH HIS RETIRED PAY WAS COMPUTED BY THE DEPARTMENT OF THE NAVY PRIOR TO THE ACTION TAKEN IN THE (GENERAL ACCOUNTING OFFICE) CERTIFICATION OF NOVEMBER 29. YOU FURTHER STATE THAT YOU HAVE BEEN INSTRUCTED TO INSTITUTE PROCEEDINGS IN THE UNITED STATES COURT OF CLAIMS ON BEHALF OF MR. SYMBOL NO. 5178) WAS RETURNED HERE WITH YOUR LETTER OF MARCH 11. HENCE IT IS OUR VIEW THAT THE GENERAL ACCOUNTING OFFICE CERTIFICATION OF NOVEMBER 29. WAS NOT CONSISTENT WITH CURRENT COURT OF CLAIMS DECISIONS AND THE CHECK WILL BE CANCELLED.
B-151080, APR. 8, 1965
TO KING AND KING, ATTORNEYS AT LAW:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 11, 1965, AND ENCLOSURE, IN THE CASE OF EARL CLIFTON HAWLEY, USN, RETIRED.
YOU STATE THAT MR. HAWLEY IS DISSATISFIED WITH THE CONCLUSION REACHED IN OUR DECISION OF JULY 1, 1963, 43 COMP. GEN. 6, IN WHICH WE ADVISED THE RETIRED PAY DEPARTMENT, NAVY FINANCE CENTER, CLEVELAND, OHIO, THAT:
"NO PROPER BASIS IS PRESENTED, HOWEVER, TO ALLOW HIM (MR. HAWLEY) SELIGA BENEFITS FOR ANY PERIOD SUBSEQUENT TO JULY 31, 1962. EFFECTIVE AUGUST 1, 1962, HAWLEY'S RETIRED PAY ACCOUNT SHOULD BE CONTINUED ON THE SAME BASIS ON WHICH HIS RETIRED PAY WAS COMPUTED BY THE DEPARTMENT OF THE NAVY PRIOR TO THE ACTION TAKEN IN THE (GENERAL ACCOUNTING OFFICE) CERTIFICATION OF NOVEMBER 29, 1962.'
YOU FURTHER STATE THAT YOU HAVE BEEN INSTRUCTED TO INSTITUTE PROCEEDINGS IN THE UNITED STATES COURT OF CLAIMS ON BEHALF OF MR. HAWLEY.
IN GENERAL ACCOUNTING OFFICE CERTIFICATION OF NOVEMBER 29, 1962, THE CLAIMS DIVISION OF THIS OFFICE ALLOWED MR. HAWLEY THE SUM OF $2,298.56 AS INCREASED RETIRED PAY COMPUTED UNDER THE SELIGA RULE FOR THE PERIOD FEBRUARY 4, 1953, TO JULY 31, 1962, INCLUSIVE. THE CHECK ISSUED PURSUANT TO THAT CERTIFICATION (CHECK NO. 70387402, DRAWN TO THE ORDER OF EARL C. HAWLEY, IN THE AMOUNT OF $2,298.56, DECEMBER 19, 1962, BY M. M. ALEXANDER, SYMBOL NO. 5178) WAS RETURNED HERE WITH YOUR LETTER OF MARCH 11, 1965. THE RECORD BEFORE THIS OFFICE INDICATES THAT MR. HAWLEY'S RETIRED PAY STATUS FALLS SQUARELY WITHIN THE SCOPE OF THE COURT OF CLAIMS HOLDINGS IN THE FORSTER (PLAINTIFF NO. 13 IN AFLAGUE, ET AL. V. UNITED STATES) AND ELLIS (PLAINTIFF NO. 2 IN COBB, ET AL. V. UNITED STATES) CASES, 159 CT.CL. 80. HENCE IT IS OUR VIEW THAT THE GENERAL ACCOUNTING OFFICE CERTIFICATION OF NOVEMBER 29, 1962, WAS NOT CONSISTENT WITH CURRENT COURT OF CLAIMS DECISIONS AND THE CHECK WILL BE CANCELLED.