LETTER TO(Sanitized) FROM JOHN S. WARNER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP62-00631R000200210004-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 16, 2016
• Document Release Date: January 5, 2005
• Sequence Number: 4
• Publication Date: August 22, 1957
• Content Type: LETTER

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August 22, 1957 .
In Larry's absence from the city on vacation I am taking the
liberty of answering your note of August 16.
The paragraph in the July-August "Support Bulletin" to which
you refer appears to be inaccurate. What it probably means to say
is that military service prior to January 1, 1957 can be credited
toward social security benefits in the event a military retirement
benefit is not based on the same service. As a matter of fact, the
article in question was taken from a local newspaper and unfortunately
was not submitted to this Office prior to publication in the "Support
Bulletin."
Persons such as yourself, who have retired under P.L. 810 are,
as you indicate, entitled to credit military service in the computation
of both Naval Reserve and Civil Service retirement. In this connection
there is quoted a portion of section 305 of Public Law 810 as follows:
"...No period of service otherwise creditable in determining
the eligibility of any person to receive, or the amount of,
any annuity, pension, or old-age benefit payable under any
provision of law on account of civilian employment, in the
Federal Government or otherwise, shall be excluded in such
determination because such period of service may be included,
in whole or in part, in determining the eligibility of such
person to receive, or the amount of, any retired pay payable
under this title."
We are looking forward to seeing you in the fall.
Sincerely,
OGC: OEP: ,jem
Orig. - Addressee
,/1 - Subject - Pay & Allow. 5
1 - Signer
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August 16, 1957
TO: Larry Houston, General Counsel
Dear Larry:
Please bear with my problems just a little longer. I
will doubtlessly retire soon and have no further legal
problems for your kind consideration.
The July - August 1957 "Support Bulletin", page 12, last
paragraph, concerns me.
I have had a very clear impression that when I retire under
CSR I will:
a. Receive CSR income based on civil, plus all
active military service.
b. Continue to receive, as I do now, US Naval
Reserve retired pay under P. L. 810, 80th
Congress.
The Supreme Court (by refusal to review) has ruled that
dual compensation laws do not apply to military reserve
officers retired under certain laws--including Public Law 810.
I hope I am correct in my belief that the comments in the
"Support Bulletin" were written without knowledge of, or
regard for, the status of retired reserve officers.
Many thanks for any comments, and I also send kindest
regards to you and am in hopes of seeing you in October.
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The notice you got about retired. pay and the Tanner
case applies to those retired. under Title III of the
1948 Act. If~t is any doubt at all in your case you
should have Your orders carefully checked. If you are
under Title III the Iaoltow1n 3 information should be helpful..
The Department of Defense is a itin a reply from
the Comptroller General as to whether the decision in the
Tanner ease will be v;Tli ed . neral y to au retired
reserve personnel or whether it will be restricted to
the parties involved in the case. til the CctroUeer
General returns his opinion, no Finance W'ticers in any
of the services will. pair oiaiss of retired officers in
your position. We west the Ccoptrolier General's opinion
to be favorable to you. S will lot you know as soon as
the Depau nt of 2fense has received its answer frm
the Ccaa troller General.
In the event that you receive your retired pay for
those past years in which you have waived it, you will
want to amend your income tax returns for those years
in order to avoid paying tax on the total sun in the year
received. Section 1303 of the Internal. Revenue Code of
195+ provides that back pay received in one year, if in
excess of 15% of gross inccaase for that year, m y be allocated
for tax purpoeee to the years in vbIch earned. It seems
clear that this section of the Code applies to your case.
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Dale ,4 7--
Cc a C- e-- x-
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M web 13j, 1956
have just r+eceeived from Un Department of Defense copies of
retirement is paid. 7he dew sut~ P%Mut from 1 damaeacy 1953s
but the period beftwe 1 July 23 3, almost manly Involves lapsed
being a maker of a reserve amWonent during ' period for
the Con ptroller (Drab's deeislM in regard to the 5i!a r Case.
A car is enclosed Zcr your use.
As YOU cep aee, the Con troller ougml is giving relatively
limited effect to the Unner deciaiomt. Txaaa Vast I Yrs of the facts
of your service and retirement., it wow, appear that the Nwvy will be
prepared to l 3 ' retiree>eat f I july 1953, to date and frG
mw on- Your a t1,r t to retdreamnt pay will depend upon your
ti> spent at the m 1itwy academies as service fbr
'Your entitleumt to reYtir nt pay for any period prior to
1 Jam= 7 1953 will depend upon the on a of one or more caries
pending before the Court of Cl . Stye Deparbmut of Defense also
informs us that the Oaqptro11er General has not yet node a decision
o n t h e effect t o be given t o t h e Br ease regarding inclusion of
. -t declaim any be ame, time in coal".
I would suggest that gent in toueh with the s r uiat Navy
finance officer and Inquire as to the steps you not take to receive
the retirement c ion owim you. By this time the various Navy
finance centers should have received instructions f x the Department
the steps to be to , includit those necessary fbr * ll eetion for
periods involving lqped aapriatien.
in your 5 Me=h
get in touch with me.
OGC: '? t 4 621'1
--c: OGC ? hrono - no eirc.
Subject - day & M-10,1-7.
Signer `.s
Letter
Cr tro l3 er Generasl of the U. G.
cam/
Lae R. Houston
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MEMCt2ANDUM CC,NCERNING THE PAYMENT C:F CLAIM:.
SIMILAR TC THE TANNER CASE.
In the January-February 1956 issue of the magazine, THE RETIRED
:,FFICER, under our column, ''Court Rulings", it was announced that it was
expected that the Comptroller General would follow the TANNER case in pay-
ing the claims of those under similar circumstances. Theretofore, in the
November-December 1955 issue, it had been indicated that the Comptroller
General probably would follow this decision, provided it was not overruled by
the Supreme Court.
It will be recalled, the TANNER case held that retired reserve officers,
retired under Title III, Public Law 810, are-entitled to receive their retired
pay and the pay of any civilian office in which they might be employed, despite
the Dual Compensation Act of 1932.
A number of letters have now been received by the Association asking
what action might be taken by individuals with similar claims to the TANNER
case. Since the publication of our notice in the January-February 1956 issue,
we have receiCt d still further information that the Department of Justice has
decided not to attempt by court action to seek to have the prihciple contained
in the TANNER case overruled. It is assumed that the Department of Justice
will, in the near future, so advise the interested departments and agencies,
including the Comptroller General.
The normal procedure following receipt of such notification would be
for the Comptroller General to authorize the Department of Defense to make
settlements in those cases similar to that of Tanner. It should be pointed out,
however, that such authority will probably be restricted to "genuine" Tanner
cases - that is, those cases which embody the same principles as those for
which the TANNER case stands. In the case where the settlement of a claim
involves lapsed appropriations, these would have to be handled by.the Comp-
troller General.
Consequently, except in cases of lapsed appropriations in which cases
the claims must be made to the Comptroller General, we advise all those with
claims similar to the TANNER case now to submit their claims to the Finance
,,ffice of the Department under which they hold retired status and, if it should
be necessary for them to further file their cases with the Comptroller General,
they will be so advised.
THE RETIRED OFFICERS ASSOCIATION
February 27, 1956
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November~22, 1955
Mr. Lawrence R. Houston
General Council
Dear Larry:
Many thanks for your letter of November 15
regarding the Tanner case, retired pay under Title III
of the 1948 Act under which I was retired.
Needless to say, I await with interest your
advice regarding the Comptroller General's opinion for
guidance of the finance officers in the military services.
Meanwhile, I have no further questions--only my thanks.
Yours sincerely,
STAT
STAT
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 PRESIDENT
Established February 23, 1929 ~ BOARD OF DIRECTORS
Lieutenant General Willard S. Paul, USA
Genelo Approved For Release 2005/01/26 :CIA-RDP62-00631800020021 OUR !an of the Willard S. Paul, USA
Board
ANC
FIRST VICE PRESIDENT RETIRED OFFICERS Colonel Florence Bolles, Hon. RBlaHon.Rdes,., US,USA
Lieutenant General Idwal H. Edwards, USAF Colonel Lemuel Captain Frank S. Borden, USC&GS
Lieut. Comdr. Helen D. Carper, NC, USNR
SECOND VICE PRESIDENT Vice-Admiral Lloyd T. Chalker, USCG
General Alexander A. Vandegrift, USMC Colonel Rear Admiral Justice M. Chas. E. ChambConey,ers, USMCR
USN
S?SOCIATION
Brigadier r General Merritt B. Curtis, USMC
(INCORPORATED) Colonel John M. Davies, USAF
THIRD VICE PRESIDENT Brigadier General Robert H. Dunlop, USA
Lieutenant General Idwal H. Edwards, USAF
? ARMY ? NAVY ? AIR FORCE ? MARINE CORPS Vice Admiral Paul Foster, USNR
M Alb
EXECUTIVE VICE PRESIDENT aior ert L. Gardner, USMC
ward A. Gould
lo Colo Colonel n D. A. Hanes, AUS
AND LEGAL COUNSEL -COASTGUARD ? COAST AND GEODETIC SURVEY Lieutenant tCo
neel l o A. HUSA
Captain Franz O. Willenbucher, USN ? PUBLIC HEALTH SERVICE Major H. L. Henderson, AFUS
R
Ad
i
l
b
COMPTROLLER
Rear Admiral John D. Murphy, USN
1616 Eye Street, N. W.
WASHINGTON 6, D. C.
STAT
ear
m
ra
Ro
ert Henderson, USN
Commander F. A. Hunnewell, USCG
Brigadier General Aaron E. Jones, USAF
Lieut. Comdr. Florence T. Judge, USNR
Major General James D. McIntyre, USAF
Asst. Surg. Gen. Allan McLaughlin, USPHS
Captain Robert T. Merrill, USCGR
Major General Luther D. Miller, ChC, USA
Brigadier General Charles D. Roberts, USA
Rear Admiral Earl G. Rose, USCG
Captain G. T. Rude, USC&GS
General Carl Spaatz, USAF
Rear Admiral Charles S. Stephenson, MC, USN
General Alexander A. Vandegrift, USMC
Captain Franz O. Willenbucher, USN
This is in response to your inquiry in reference to the decision
in the Court of Claims, in TANNER v. United States, 129 CtCls. 792. The
Court of claims held, contrary to decisions of the Comptroller General, that
the restrictions contained in the so-called dual compensation statute do not
apply so as to restrict the concurrent receipt of retired pay and pay from a
Federal position in the cases of Reserve officers of the Army and Air Force
retired under Title III of the Act of June 29, 194 (Public Law 810, 80th
Congress). While this decision referred to retired reserve officers of the
Army and of the Air Force, retired under Title III, Public Law 810, 80th
Congress, the same principles apply to retired reserve officers of the other
services, retired under that Title.
On A gust 29, 1955, the Attorney General petitioned the Supreme
Court for a writ"of certiorari. On October 10, 1955, the Supreme Court
refused to grant the Government a review. Tanner and the others on the
petition in the Court of Claims are now entitled to recover without further
action on their part.
In the past, under such circumstances, the General Accounting
Office has made or has authorized settlement in the cases of all others
similarly situated. There is no reason to believe that there will be a de-
parture from the same procedure in these cases.
Therefore, if you.are retired under the provisions of Title III,
Public Law 810, 80th Congress, and you are now being employed by the Federal
Government or by the Municipal Government of the District of Columbia, and
your retired pay is under waiver, or if you have previously been so employed
and relinquished your retired pay during such employment, you should address
a claim to the finance officer having your retired pay record and request
that your account be adjusted on the basis of the findings of the Court of
Claims. It makes no difference under which department you hold retired status.
The decision applies. to all who. are retired-under Title III of the above-
mentioned Act.
Sincerely yours
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OFFICE OF THE GENERAL COUNSEL
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A-49948
 TO. Administration
DATE
22 November 1955
Kindly forward the envelope attached
to General Council - 221 East.
FROM: Chief,
ROOM NO.
id a egg to A-RDP62-00631 ROOO,Q21 20QSMI /26 1 FEB 55 WHICH MAY BE USED.
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