B-160476, FEB. 15, 1967
Highlights
RETIRED PAY DIVISION: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 3. THE AMOUNT THAT WAS CERTIFIED TO BE DUE MAJOR HITCHCOCK REPRESENTS INCREASED RETIRED PAY ALLOWED AS A CONSEQUENCE OF THE WAIVER (SEE ACT OF APRIL 14. YOU EXPRESS THE VIEW THAT THE COMPUTATION IN QUESTION SHOULD HAVE BEEN BASED ON THE ACTIVE DUTY PAY OF A MAJOR IN THE FOURTH PAY PERIOD WITH OVER 30 YEARS OF SERVICE CREDITABLE FOR LONGEVITY. MAJOR HITCHCOCK WAS IN RECEIPT OF ACTIVE DUTY PAY AS AN OFFICER OF THE FIFTH PAY PERIOD WITH OVER 30 YEARS OF SERVICE CREDITABLE FOR LONGEVITY. ON THE BASIS OF THE FIFTH PAY PERIOD WAS CORRECT AND PROPER. THE VOUCHER IS RETURNED HEREWITH FOR APPROPRIATE ACTION.
B-160476, FEB. 15, 1967
TO THE CHIEF, RETIRED PAY DIVISION:
REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 3, 1966, RETURNING TO THE CLAIMS DIVISION OF THIS OFFICE "FOR ANY ACTION DEEMED APPROPRIATE" DD FORM 1096, MILITARY PAY AND ALLOWANCE CLAIMS VOUCHER CERTIFIED FOR PAYMENT IN FAVOR OF MAJOR LOUIS M. HITCHCOCK, U.S. ARMY, RETIRED, 0 6376.
THE AMOUNT THAT WAS CERTIFIED TO BE DUE MAJOR HITCHCOCK REPRESENTS INCREASED RETIRED PAY ALLOWED AS A CONSEQUENCE OF THE WAIVER (SEE ACT OF APRIL 14, 1966, PUB.L. 89-395, 80 STAT. 120) OF THE LIMITATION OF TIME PRESCRIBED IN THE 10-YEAR BARRING ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061. THE CLAIMS DIVISION COMPUTED THE INCREASE IN MAJOR HITCHCOCK'S RETIRED PAY FOR THE PERIOD JULY, AUGUST, AND SEPTEMBER 1949, ON THE BASIS OF THE ACTIVE DUTY PAY OF A MAJOR IN THE FIFTH PAY PERIOD WITH OVER 30 YEARS OF SERVICE CREDITABLE FOR LONGEVITY. YOU EXPRESS THE VIEW THAT THE COMPUTATION IN QUESTION SHOULD HAVE BEEN BASED ON THE ACTIVE DUTY PAY OF A MAJOR IN THE FOURTH PAY PERIOD WITH OVER 30 YEARS OF SERVICE CREDITABLE FOR LONGEVITY.
THE RECORD SHOWS THAT ON JUNE 30, 1949, MAJOR HITCHCOCK WAS IN RECEIPT OF ACTIVE DUTY PAY AS AN OFFICER OF THE FIFTH PAY PERIOD WITH OVER 30 YEARS OF SERVICE CREDITABLE FOR LONGEVITY. THEREFORE, UNDER THE PROVISIONS OF THE FOURTH PARAGRAPH OF SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942, CH. 413, 56 STAT. 368, RETIRED PAY ACCRUED EFFECTIVE FROM JULY 1, 1949, THE DATE OF HIS REVERSION TO AN INACTIVE STATUS ON THE RETIRED LIST (RE- RETIREMENT ACCORDING TO THE COURT OF CLAIMS) AT THE RATE OF 75 PERCENTUM OF THE ACTIVE DUTY PAY OF A MAJOR, FIFTH PAY PERIOD, WITH OVER 30 YEARS OF SERVICE CREDITABLE FOR LONGEVITY. SEE OUR LETTER TO YOU OF TODAY, B- 94123, IN THE CASE OF MAJOR CHARLES F. FRIZZELL, JR., U.S. ARMY, RETIRED, 3-14383, EXPLAINING THE BASIS OF COMPUTING THE RETIRED PAY DUE IN THAT CASE ON THE ACTIVE DUTY PAY OF A MAJOR IN THE FIFTH PAY PERIOD INSTEAD OF THE FOURTH PAY PERIOD.
COMPUTATION OF THE INCREASE IN MAJOR HITCHCOCK'S RETIRED PAY FOR THE PERIOD JULY TO SEPTEMBER 1949, INCLUSIVE, ON THE BASIS OF THE FIFTH PAY PERIOD WAS CORRECT AND PROPER. THE VOUCHER IS RETURNED HEREWITH FOR APPROPRIATE ACTION.