B-121777, MAY 4, 1955
Highlights
HOUSE OF REPRESENTATIVES: REFERENCE IS MADE TO YOUR LETTER OF APRIL 19. AGAINST THE CONCURRENT RECEIPT OF RETIRED PAY FOR OR ON ACCOUNT OF SERVICES AS A COMMISSIONED OFFICER AND CIVILIAN COMPENSATION FROM THE UNITED STATES IS APPLICABLE IN THE CASE OF LIEUTENANT RALPH H. OUR RECORDS INDICATE THAT LIEUTENANT JONES WAS RETIRED FOR PHYSICAL DISABILITY RESULTING FROM INJURIES RECEIVED IN AN AIRCRAFT ACCIDENT ON JUNE 14. THAT SUCH INJURIES WERE INCURRED IN LINE OF DUTY. THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR DECISION OF TODAY TO THE CHAIRMAN. IT WAS HELD IN THE DECISION TO THE CIVIL SERVICE COMMISSION THAT MEMBERS OF THE ARMED FORCES RETIRED FOR PHYSICAL DISABILITY CAUSED BY AN INSTRUMENTALITY OF WAR AND INCURRED IN LINE OF DUTY DURING THE PERIOD OF THE KOREAN CONFLICT ARE INCLUDED WITHIN THE EXCEPTION CONTAINED IN SECTION 212(B) OF THE ACT OF JUNE 30.
B-121777, MAY 4, 1955
PRECIS-UNAVAILABLE
CHARLES E. BENNETT, HOUSE OF REPRESENTATIVES:
REFERENCE IS MADE TO YOUR LETTER OF APRIL 19, 1955, AND PRIOR CORRESPONDENCE CONCERNING THE QUESTION WHETHER THE PROHIBITION CONTAINED IN SECTION 212 OF THE ACT OF JUNE 30, 1932, AS AMENDED, 5 U.S.C. 59A, AGAINST THE CONCURRENT RECEIPT OF RETIRED PAY FOR OR ON ACCOUNT OF SERVICES AS A COMMISSIONED OFFICER AND CIVILIAN COMPENSATION FROM THE UNITED STATES IS APPLICABLE IN THE CASE OF LIEUTENANT RALPH H. JONES, USNR, RETIRED.
OUR RECORDS INDICATE THAT LIEUTENANT JONES WAS RETIRED FOR PHYSICAL DISABILITY RESULTING FROM INJURIES RECEIVED IN AN AIRCRAFT ACCIDENT ON JUNE 14, 1951, DURING THE PERIOD OF THE KOREAN CONFLICT, AND THAT SUCH INJURIES WERE INCURRED IN LINE OF DUTY.
THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF OUR DECISION OF TODAY TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, TOGETHER WITH OUR DECISION TO THE DIRECTOR, SPECIAL PAYMENTS DIVISION, U. S. NAVY FINANCE CENTER, CONCERNING THE SPECIFIC CASE OF LIEUTENANT JONES. IN BRIEF, IT WAS HELD IN THE DECISION TO THE CIVIL SERVICE COMMISSION THAT MEMBERS OF THE ARMED FORCES RETIRED FOR PHYSICAL DISABILITY CAUSED BY AN INSTRUMENTALITY OF WAR AND INCURRED IN LINE OF DUTY DURING THE PERIOD OF THE KOREAN CONFLICT ARE INCLUDED WITHIN THE EXCEPTION CONTAINED IN SECTION 212(B) OF THE ACT OF JUNE 30, 1932, AS AMENDED, 5 U.S.C. 59A. WITH RESPECT TO THE SPECIFIC CASE OF LIEUTENANT JONES, THE DIRECTOR, SPECIAL PAYMENTS DIVISION, U. S. NAVY FINANCE CENTER, HAS BEEN ADVISED THAT THE $3,000 DUAL COMPENSATION RESTRICTION IS NOT APPLICABLE.
WE ARE PLEASED TO HAVE BEEN ABLE TO REACH A FAVORABLE LEGAL CONCLUSION IN THIS LINE OF CASES SINCE WE PERCEIVE OF NO REASON WHY KOREAN VETERANS SHOULD NOT BE AFFORDED THE SAME EXEMPTIONS FROM THE DUAL COMPENSATION RESTRICTION CONTAINED IN THE ACT OF JUNE 30, 1932, AS AMENDED, 5 U.S.C. 59A, THAT ARE ENJOYED BY VETERANS OF OTHER WARS.