B-98978: Nov 08, 1962

RETIRED: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29. YOU WERE ADVISED IN THAT SETTLEMENT THAT SINCE YOU WERE RETIRED AS AN ENLISTED MAN THE CITED PROVISIONS OF LAW ARE INAPPLICABLE. THE MATTER WAS REVIEWED UPON YOUR REQUEST AND IN OUR DECISION TO YOU DATED AUGUST 14. WAS SUSTAINED UNDER THE RULE OF JONES V. THE RECORD SHOWS THAT UPON COMPLETION OF SEVERAL ENLISTMENTS IN THE UNITED STATES NAVY Y...

B-98978: Aug 14, 1962

RETIRED: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 2. IN THAT SETTLEMENT YOU WERE ADVISED THAT THE ABOVE-CITED STATUTE WAS APPLICABLE ONLY TO CERTAIN RETIRED OFFICERS. ALTHOUGH YOUR RETIRED PAY WAS COMPUTED ON THE BASIS OF THE PAY OF AN OFFICER. THAT UPON THE COMPLETION OF SUCCESSIVE ENLISTMENTS YOU WERE TRANSFERRED TO THE FLEET RESERVE. THEREAFTER YOU WERE RECALLED TO ACTIVE DUTY ON JULY 24. IT...

B-98978: Dec 21, 1961

TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO OUR LETTER TO YOU. ARISES WHERE THE PERSON CONCERNED WAS A PLAINTIFF IN SOME PRIOR JUDICIAL PROCEEDING RELATING TO HIS RETAINER OR RETIRED PAY (IN MANY INSTANCES MEMBERS AND FORMER MEMBERS OF THE FLEET RESERVE HAVE BEEN PETITIONERS ON TWO OR MORE SEPARATE PETITIONS BEFORE THE COURT OF CLAIMS) AND THE COURT HAS ENTERED A JUDGMENT OR AN ORDER OF DIS...

B-98978: Nov 22, 1961

SECRETARY: THERE IS BEFORE US FOR CONSIDERATION LETTER OF JULY 6. THIS CLAIM IS ADVANCED UNDER THE HOLDING IN OUR DECISION OF OCTOBER 20. THERE ALSO IS PRESENTED IN THE LETTER OF JULY 6. HIS RETAINER PAY WAS BASED ON HIS ENLISTED GRADE THRU DECEMBER 31. HIS RETIRED PAY WAS BASED ON THE GRADE OF COMMISSIONED WARRANT OFFICER. THE RECORD DISCLOSES THAT SEVERAL ADJUSTMENTS HAVE BEEN MADE IN BENNETT'S...