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NAVY FINANCE CENTER: REFERENCE IS MADE TO THE LETTER OF FEBRUARY 27. WAS ISSUED IN ERROR AND. THEREBY GIVING UP A RIGHT TO HAVE HIS CASE CONSIDERED BY THE COURT. YOU ARE ADVISED THAT RETIRED PAY SHOULD BE PAID AT THE RATE OF $247.40 PER MONTH REPRESENTING THE AMOUNT DUE UNDER SECTION 511 (B) OF THE CAREER COMPENSATION ACT OF 1949.

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B-151129, JUN. 25, 1963

TO THE COMMANDING OFFICER, U.S. NAVY FINANCE CENTER:

REFERENCE IS MADE TO THE LETTER OF FEBRUARY 27, 1963, FROM THE TECHNICAL DIRECTOR, RETIRED PAY DEPARTMENT, REFERENCE XO:HA:BJM, TO THE CLAIMS DIVISION OF OUR OFFICE CONCERNING AN ADJUSTMENT IN RETIRED PAY IN THE CASE OF JESSE E. HILL, CWO, USN, RETIRED, 322781.

UPON REVIEW OF THE CASE, IT HAS BEEN DETERMINED THAT THE SETTLEMENT OF DECEMBER 17, 1962, WAS ISSUED IN ERROR AND, THEREFORE, FORMS NO BASIS FOR FUTURE ADJUSTMENTS OF RETIRED PAY. SEE OUR LETTER OF TODAY TO MR. HILL, COPY ENCLOSED. HOWEVER, SINCE THE CLAIMANT ON THE BASIS OF OUR SETTLEMENT HAD HIS PETITION IN THE COURT OF CLAIMS, NO. 411-59, DISMISSED WITH PREJUDICE, THEREBY GIVING UP A RIGHT TO HAVE HIS CASE CONSIDERED BY THE COURT, NO ACTION NEED BE TAKEN TO RECOVER THE AMOUNT PAID THEREON.

IN REPLY TO YOUR QUESTION AS TO THE PROPER RATE OF RETIRED PAY WHICH SHOULD BE PAID TO MR. HILL FOR PERIODS AFTER SEPTEMBER 30, 1962, YOU ARE ADVISED THAT RETIRED PAY SHOULD BE PAID AT THE RATE OF $247.40 PER MONTH REPRESENTING THE AMOUNT DUE UNDER SECTION 511 (B) OF THE CAREER COMPENSATION ACT OF 1949, APPROVED OCTOBER 12, 1949, CH. 681, 63 STAT. 829, AND SUBSEQUENT RETIRED PAY INCREASE LEGISLATION. SEE 40 COMP. GEN. 222.

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