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B-165038 1 (1973-08-16)

handle is hein.gao/gaobaadjc0001 and id is 1 raw text is: CoMpMoUyn ,MfNAL. OF T14 UNITD STATIS * WAtSIN OM. DC- 5905 4 * U *** ad A * vs.. . *~ -- Auguwt 16o19T3 She onorable The Ilecretary of Transportation War'tit, Secretary: S ~Reference to nade to United Sttes Coast Guard letter dated )Iovesber 17, 1972p file reference 7$00, to our Transportation and Claim Division concernig the application of the iuling in the case of Edward P. Cheater Jr. e t al, v, Unitei State.j, Court of .'Clams bl69-70, October -13, 1972, in the-eomp'atctian of retired * pay of othet Coast Guard officer&. Specificilly, that letter ao9ks the fofloving questions: (1) As to future payments to. claimant, under *'the referenced decision, will we be bblo to appl7 the principle of Res Judicatae and pay the Increased rates of pay to the officer claimants for periodu ubaequent to the date of the Court of Claiuo Dcic.on? • % (2) 1?LU thin docision be followed for other clainante, rettoctively or prospectively? That in, till the Coptroller General permit us to follow the decision for all purposen? (3),.We asemue that coats for RSP' Pust be rocnu*p:ed (for particpants) based on the higher rates of pay. Io this correct? W o have also received a letter dated Juno 1, 1973, file rofertncc 7500, from the Corandant of the Coant Guard elnborating on and presenting furtior the Coast Guard's viewo repardins question (3). Tha plaintiffs in the Cheater case wore 18 Regular Coast Guard captains retired in 1968 or 1969 who had each completed 30 yearu of active conmienioned service in the Coast Guard in the year of thor retirement, ELach was quali.ied for voluntary retirement under eithar 14 U.S.C. 291 or 292 at the time of hs retirement and each tas vithin the purviev of the mandatory rotirement provisions of 14 U.S.C. 288(). - -~' ' -~ ~ -* **-*........lflr DtCi4jr.{ I *9 I' * SE LizI ~ -~ ~- a. - - - - - -- rn-f. a-. lrteii I t4tCVZIIa ~ 7' 'I * ~ 59 *99*e5. I nqln,.-, .5 S R'165038 t i 9

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