B-146185, SEP. 23, 1963
Highlights
TO CHIEF WARRANT OFFICER HILLARD DAUGHERTY: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 28. THE USE OF WHICH WAS AUTHORIZED BY THE DECISION OF THE COURT OF CLAIMS IN HULSE V. YOU ARE ENTITLED TO HAVE YOUR RETIRED PAY COMPUTED ON THE BASIS OF 2- 1/2 PERCENTUM OF THE ANNUAL BASE AND LONGEVITY PAY YOU WERE RECEIVING AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY IN 1944 MULTIPLIED BY 25. YOU WERE ADVISED THAT A SUPPLEMENTAL SETTLEMENT WOULD BE ISSUED. YOU ALSO WERE ADVISED THAT YOUR CLAIM FOR INCREASED RETIRED PAY FOR THE PERIOD PRIOR TO AUGUST 3. WAS BARRED AS NOT HAVING BEEN PRESENTED HERE WITHIN 10 YEARS AS REQUIRED BY THE ACT OF OCTOBER 9. WAS LESS THAN THE TOTAL AMOUNT OF RETIRED PAY RECEIVED BY YOU DURING THE PERIOD INVOLVED.
B-146185, SEP. 23, 1963
TO CHIEF WARRANT OFFICER HILLARD DAUGHERTY:
REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 28, 1963, RELATIVE TO YOUR CLAIM FOR INCREASED RETIRED PAY BELIEVED TO BE DUE AS A RETIRED FLEET RESERVIST. IN YOUR LETTER YOU REQUEST THAT WE REVERT TO OUR ORIGINAL DECISION AND AWARD YOU RETIRED PAY ACCORDING TO LAW. YOU DO NOT INDICATE WHEREIN YOU BELIEVE AN ERROR HAS BEEN MADE.
THE MATTER OF YOUR RETIRED PAY HAS BEEN THE SUBJECT OF FOUR DECISIONS DATED, RESPECTIVELY, SEPTEMBER 14, 1961, DECEMBER 7, 1961, FEBRUARY 20, 1962, AND APRIL 5, 1962, ALL UNDER FILE NO. B-146185.
IN THE DECISION OF SEPTEMBER 14, 1961, WE HELD THAT---
"* * * UNDER THE 2-1/2 PERCENTUM FORMULA PROVIDED IN SECTION 204, AS AMENDED (OF THE NAVAL RESERVE ACT OF 1938, CH. 690, 52 STAT. 1179, AS AMENDED, 34 U.S.C. 854C (1946 ED.) (, THE USE OF WHICH WAS AUTHORIZED BY THE DECISION OF THE COURT OF CLAIMS IN HULSE V. UNITED STATES, 133 CT.CL. 848, YOU ARE ENTITLED TO HAVE YOUR RETIRED PAY COMPUTED ON THE BASIS OF 2- 1/2 PERCENTUM OF THE ANNUAL BASE AND LONGEVITY PAY YOU WERE RECEIVING AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY IN 1944 MULTIPLIED BY 25, THE TOTAL NUMBER OF YOUR YEARS OF ACTIVE AND CONSTRUCTIVE SERVICE.'
YOU WERE ADVISED THAT A SUPPLEMENTAL SETTLEMENT WOULD BE ISSUED, ALLOWING YOU INCREASED RETIRED PAY FROM AUGUST 3, 1950, ON THE BASIS OF 25 YEARS OF SERVICE FOR DETERMINING THE PERCENTAGE MULTIPLE FACTOR UNDER SECTION 204 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, SUPRA. YOU ALSO WERE ADVISED THAT YOUR CLAIM FOR INCREASED RETIRED PAY FOR THE PERIOD PRIOR TO AUGUST 3, 1950, WAS BARRED AS NOT HAVING BEEN PRESENTED HERE WITHIN 10 YEARS AS REQUIRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.
IN OUR DECISIONS OF DECEMBER 7, 1961, WE ADVISED YOU THAT, UPON FURTHER REVIEW OF THE MATTER, WE FOUND THAT RETIRED PAY COMPUTED ON THE BASIS INDICATED IN THE DECISION OF SEPTEMBER 14, 1961, WAS LESS THAN THE TOTAL AMOUNT OF RETIRED PAY RECEIVED BY YOU DURING THE PERIOD INVOLVED, AUGUST 3, 1950, TO SEPTEMBER 30, 1961. IN THE DECISION OF DECEMBER 7, 1961, WE SET FORTH A COMPUTATION SHOWING THE GROSS AMOUNT PAID TO YOU PURSUANT TO SECTION 203 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, AND SECTION 511 OF THE CAREER COMPENSATION ACT OF 1949, CH. 681, 63 STAT. 829, AND ALSO, FOR COMPARISON PURPOSES, THERE WAS SHOWN THE AMOUNT DUE AS RETIRED PAY COMPUTED UNDER THE PERCENTAGE MULTIPLE METHOD OF SECTION 204 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED. THESE COMPUTATIONS CLEARLY SHOWED THAT YOU ACTUALLY HAVE RECEIVED MORE IN RETIRED PAY THAN YOU WOULD HAVE RECEIVED IF THE COMPUTATION WERE MADE PURSUANT TO OUR ORIGINAL DECISION OF SEPTEMBER 14, 1961. IN SUCH CIRCUMSTANCES, IT IS NOT UNDERSTOOD WHY YOU NOW REQUEST THAT THE ORIGINAL DECISION BE REINSTATED. YOU HAVE BEEN PAID THE FULL AMOUNT OF RETIRED PAY TO WHICH YOU ARE ENTITLED UNDER APPLICABLE PROVISIONS OF LAW.