B-146580, OCT. 6, 1961

B-146580: Oct 6, 1961

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IS PRECLUDED FROM RECEIVING RETIRED PAY BY THE PROVISIONS OF THE ACT OF SEPTEMBER 1. IN VIEW OF HIS CONVICTION BY A SPECIAL COURT-MARTIAL OF WRONGFULLY APPROPRIATING A MOTOR VEHICLE WHICH WAS THE PROPERTY OF THE GOVERNMENT. IT APPEARS CLEAR THAT THE RIGHT OF SPECIALIST BELLE TO RECEIVE RETIRED PAY IS NOT BARRED BY THOSE STATUTORY PROVISIONS. THE VOUCHER SUBMITTED WITH YOUR LETTER IS RETURNED FOR YOUR FURTHER CONSIDERATION.

B-146580, OCT. 6, 1961

TO CAPTAIN S. NORTON, FC:

YOUR LETTER OF JULY 13, 1961, FORWARDED HERE BY FIRST INDORSEMENT DATED JULY 31, 1961, FROM THE OFFICE CHIEF OF FINANCE UNDER D.O.NO. 594 ALLOCATED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE, REQUESTED AN ADVANCE DECISION AS TO WHETHER SPECIALIST FIFTH CLASS WILLIS BELLE, RA 34 051 050, IS PRECLUDED FROM RECEIVING RETIRED PAY BY THE PROVISIONS OF THE ACT OF SEPTEMBER 1, 1954, 5 U.S.C. 2281 2288, IN VIEW OF HIS CONVICTION BY A SPECIAL COURT-MARTIAL OF WRONGFULLY APPROPRIATING A MOTOR VEHICLE WHICH WAS THE PROPERTY OF THE GOVERNMENT.

IN VIEW OF THE PROVISIONS OF THE ACT OF SEPTEMBER 26, 1961, PUBLIC LAW 87 -299, FURTHER AMENDING THE ACT OF SEPTEMBER 1, 1954, IT APPEARS CLEAR THAT THE RIGHT OF SPECIALIST BELLE TO RECEIVE RETIRED PAY IS NOT BARRED BY THOSE STATUTORY PROVISIONS. ACCORDINGLY, THE VOUCHER SUBMITTED WITH YOUR LETTER IS RETURNED FOR YOUR FURTHER CONSIDERATION.