B-128594: Sep 11, 1961

KING AND KING: REFERENCE IS MADE TO YOUR LETTER OF MAY 16. THE CLAIM WAS DISALLOWED FOR THE REASON THAT IN A LETTER DATED APRIL 28. THE DEPARTMENT OF THE NAVY STATED "THE DISABILITY FOR WHICH HOWARD WAS RETIRED WAS NOT INCURRED BY HIM WHILE HE WAS IN RECEIPT OF BASIC PAY.'. WOULD HAVE PRECLUDED HOWARD FROM RECEIVING ANY BENEFITS UNDER THE SELIGA DECISION BECAUSE HE WOULD THEN HAVE BEEN UNABLE TO Q...

B-128594: Jun 22, 1965

ELMER CARL WOODWARD: REFERENCE IS MADE TO LETTER OF MARCH 12. 1963) YOU WERE ADVISED THAT YOU COULD QUALIFY FOR THE INCREASED RETIRED PAY BENEFITS OF A SECTION 411 (A) ELECTION (CAREER COMPENSATION ACT OF 1949. 63 STAT. 823) ONLY IN THE EVENT THAT THE PHYSICAL DISABILITY ON WHICH YOU HAVE BASED YOUR CLAIM WAS INCURRED "WHILE ENTITLED TO RECEIVE BASIC PAY.'. SINCE THE ADMINISTRATIVE REPORTS WE HAVE...

B-128594: Nov 22, 1965

THROUGH COMPTROLLER OF THE NAVY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 22. YOUR REQUEST WAS ASSIGNED SUBMISSION NO. WOODWARD WAS TRANSFERRED TO THE FLEET NAVAL RESERVE ON OCTOBER 19. WAS PLACED ON THE RETIRED LIST OF THE NAVY EFFECTIVE AUGUST 1. IN WHICH HIS DISABILITY WAS RATED AT "ZERO" PERCENTUM. WOODWARD'S RETIREMENT PAY WAS COMPUTED EFFECTIVE AS OF OCTOBER 1. IT WAS HELD THAT INACT...

B-128594: Aug 09, 1963

THE REQUEST FOR RECONSIDERATION IS BASED ON THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF FRANK BRIGGS WILSON V. IT IS FURTHER CONTENDED THAT OUR DISALLOWANCE OF YOUR CLAIM FAILS TO TAKE INTO CONSIDERATION THE ADDITIONAL DISABILITY WHICH YOU INCURRED WHILE SERVING ON ACTIVE DUTY DURING WORLD WAR II AND TO THIS EXTENT FAILS TO GIVE EFFECT TO THE PROVISIONS OF SECTION 411 OF THE CAREER COMPENSA...

B-128594: Mar 28, 1963

ELMER CARL WOODWARD: REFERENCE IS MADE TO LETTER DATED FEBRUARY 26. THE CLAIM WAS DENIED ON THE BASIS OF INFORMATION FURNISHED BY THE DEPARTMENT OF THE NAVY SHOWING THAT THE DISABILITY FOR WHICH YOU WERE PLACED UPON THE RETIRED LIST WAS NOT INCURRED WHILE YOU WERE ENTITLED TO RECEIVE ACTIVE DUTY PAY AS PRESCRIBED IN SECTION 402 (A) AND (B) OF THE CAREER COMPENSATION ACT OF 1949. YOUR ATTORNEYS HAV...

B-128594: Sep 21, 1965

ELMER CARL WOODWARD: REFERENCE IS MADE TO THE LETTER OF JULY 26. WE EXPLAINED TO YOU THAT UNTIL IT IS ESTABLISHED THAT THE DISABILITY FOR WHICH YOU WERE RETIRED WAS INCURRED WHILE YOU WERE IN RECEIPT OF ACTIVE DUTY PAY SUCH DISABILITY DOES NOT ENTITLE YOU TO PAYMENT OF RETIRED PAY UNDER SECTION 402 (D) OF THE CAREER COMPENSATION ACT OF 1949. WHICH WAS THE BASIS FOR THE ADJUSTMENT IN THE SELIGA CAS...