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ARTIS: FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 4. WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 16. YOU WERE NOT ENTITLED TO THE BENEFITS PRESCRIBED IN SECTION 208 OF THE NAVAL RESERVE ACT OF 1938. THE FOLLOWING IS FURNISHED IN CONNECTION WITH SUBJECT MAN'S CLAIM: CHART TERM ENLISTED DISCHARGED DEDUCTIONS SERVICE FOR TRANSFER 4 YRS 10-2 -07 10- 1-11 0-0-1 (AWOL) 3-11-29 4 YRS 10-2-11 10- 1-15 4- 0- 0 4 YRS 10-2-15 7- 4-19 4- 0- 0 4 YRS 7-5-19 7-17-22 3- 0-13 . TOTAL NAVAL SERVICE AT TIME OF TRANSFER 15- 0-12 ACTIVE DUTY 5- 13-41 TO 8-8-45 4- 2-26 DATE OF RETIREMENT: 1 AUGUST 1937" YOU WERE TRANSFERRED TO THE FLEET NAVAL RESERVE WITH TOTAL CREDITABLE SERVICE OF 15 YEARS AND 12 DAYS.

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B-134158, DEC. 12, 1957

TO MR. WILLIAM H. ARTIS:

FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 4, 1957, FROM KING AND KING, YOUR ATTORNEYS, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR THE DIFFERENCE BETWEEN RETIRED PAY COMPUTED AS ONE-HALF OF BASE PAY PLUS PERMANENT ADDITIONS AND SUCH PAY COMPUTED AS ONE-THIRD OF BASE PAY PLUS PERMANENT ADDITIONS.

YOUR ORIGINAL CLAIM FOR SUCH INCREASE IN PAY FOR THE PERIOD AUGUST 7, 1945, TO DECEMBER 30, 1947, WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 16, 1954, ON THE GROUND THAT, SINCE YOU HAD NOT COMPLETED MORE THAN SIXTEEN YEARS' SERVICE AT THE TIME OF YOUR TRANSFER TO THE FLEET NAVAL RESERVE AND DID NOT PERFORM SUFFICIENT SERVICE AFTER TRANSFER TO ACHIEVE AN AGGREGATE OF TWENTY YEARS, YOU WERE NOT ENTITLED TO THE BENEFITS PRESCRIBED IN SECTION 208 OF THE NAVAL RESERVE ACT OF 1938, AS ADDED BY SECTION 3 OF THE ACT OF AUGUST 10, 1946, 60 STAT. 994.

IN THE LETTER OF SEPTEMBER 4, 1957, YOUR ATTORNEYS REFER TO THE CASE OF OKEY N. ROUNSAVELL, OUR CLAIM NO. Z-1804002, REQUEST REVIEW OF THE SETTLEMENT OF APRIL 16, 1954, AND REQUEST THAT YOUR CLAIM BE AMENDED SO AS TO COVER THE PERIOD FROM AUGUST 7, 1945, TO DATE OF SETTLEMENT.

ON FEBRUARY 18, 1954, THE CHIEF OF NAVAL PERSONNEL ADVISED US IN CONNECTION WITH YOUR CASE HAT:

"1. THE FOLLOWING IS FURNISHED IN CONNECTION WITH SUBJECT MAN'S CLAIM:

CHART TERM ENLISTED DISCHARGED DEDUCTIONS SERVICE FOR TRANSFER 4 YRS 10-2 -07 10- 1-11 0-0-1 (AWOL) 3-11-29 4 YRS 10-2-11 10- 1-15

4- 0- 0 4 YRS 10-2-15 7- 4-19 4- 0- 0 4 YRS 7-5-19 7-17-22 3- 0-13

-------- TOTAL NAVAL SERVICE AT TIME OF TRANSFER 15- 0-12 ACTIVE DUTY 5- 13-41 TO 8-8-45 4- 2-26 DATE OF RETIREMENT: 1 AUGUST 1937"

YOU WERE TRANSFERRED TO THE FLEET NAVAL RESERVE WITH TOTAL CREDITABLE SERVICE OF 15 YEARS AND 12 DAYS. YOU PERFORMED ACTIVE DUTY AFTER TRANSFER OF 4 YEARS, 2 MONTHS, AND 26 DAYS, AN AGGREGATE OF 19 YEARS, 3 MONTHS, AND 8 DAYS. THAT AGGREGATE WOULD NOT HAVE ENTITLED YOU ON AUGUST 8, 1945, TO TRANSFER TO THE FLEET RESERVE AS A "TWENTY YEAR" MAN. COMPARE B-134160, DECEMBER 4, 1957, 37 COMP. GEN. - , COPY ENCLOSED.

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