B-94123: Jul 22, 1959

THE COURT CONCLUDED IN THE HARRINGTON CASE THAT ITS PRIOR DECISION ON A CLAIM BY THE PLAINTIFF FOR INCREASED RETIRED PAY WAS NOT RES JUDICATA WITH RESPECT TO THE CLAIM FOR INCREASED RETIRED PAY THERE ASSERTED. THE COURT POINTED OUT THAT THE SECOND CLAIM AROSE UNDER A STATUTE WHICH HAD NOT BEEN ENACTED AT THE TIME WHEN THE PETITION WHICH WAS THE SUBJECT OF THE PRIOR DECISION WAS FILED. SINCE THE ST...

B-94123: Feb 15, 1967

RETIRED PAY DIVISION: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 26. SUCH INCREASED RETIRED PAY WAS COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF THE FOURTH PARAGRAPH OF SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942. YOU STATE THAT MAJOR FRIZZELL IS CURRENTLY BEING PAID RETIRED PAY "AS A MAJOR. MAJOR FRIZZELL WAS RETIRED FROM ACTIVE SERVICE OCTOBER 19. AS AN OFFICER WOUNDED IN BATTLE HE WAS ENTI...