B-125365, JAN. 3, 1956
Highlights
ERNEST KURONYE: REFERENCE IS MADE TO YOUR LETTER POSTMARKED JULY 21. FURTHER CONCERNING YOUR CLAIM FOR AMOUNTS WHICH YOU CONTEND ARE DUE YOU ON ACCOUNT OF YOUR ARMY SERVICE FROM FEBRUARY 3 TO AUGUST 10. SAY THAT THERE IS DUE YOU . THE RECORDS SHOW THAT YOU WERE INDUCTED INTO THE ARMY OF THE UNITED STATES ON FEBRUARY 3. THAT YOU WERE DISCHARGED ON AUGUST 10. THAT YOU RECEIVED NO PAY WHILE YOU WERE IN THE SERVICE. AT THE TIME YOU ENTERED THE ARMY THE PAY PROVIDED BY LAW FOR A PRIVATE WITH LESS THAN FOUR MONTHS OF SERVICE WAS $21 A MONTH. THE PAY OF A PRIVATE WITH LESS THAN THREE YEARS OF SERVICE WAS FIXED AT $50 A MONTH BY THE PAY READJUSTMENT ACT OF 1942. WHICH WAS APPROVED JUNE 16. WHICH WAS THE TOTAL OF THE FOLLOWING ITEMS.
B-125365, JAN. 3, 1956
TO MR. ERNEST KURONYE:
REFERENCE IS MADE TO YOUR LETTER POSTMARKED JULY 21, 1955, FURTHER CONCERNING YOUR CLAIM FOR AMOUNTS WHICH YOU CONTEND ARE DUE YOU ON ACCOUNT OF YOUR ARMY SERVICE FROM FEBRUARY 3 TO AUGUST 10, 1942. YOU ADMIT THAT YOU RECEIVED THE SUM OF $194.77--- WHICH YOU DESIGNATE "BACK PAY"--- PAID TO YOU PURSUANT TO OUR SETTLEMENT DATED OCTOBER 21, 1948, BUT SAY THAT THERE IS DUE YOU ,REGULAR ARMY PAY" FOR SEVEN MONTHS AT THE RATE OF $50 A MONTH, AMOUNTING TO $350. ALSO, YOU CLAIM TRAVEL PAY.
THE RECORDS SHOW THAT YOU WERE INDUCTED INTO THE ARMY OF THE UNITED STATES ON FEBRUARY 3, 1942, AT BETHLEHEM, PENNSYLVANIA, IN THE GRADE OF PRIVATE; THAT YOU WERE DISCHARGED ON AUGUST 10, 1942, AT ALLENTOWN STATE HOSPITAL, ALLENTOWN, PENNSYLVANIA, IN THE SAME GRADE; AND THAT YOU RECEIVED NO PAY WHILE YOU WERE IN THE SERVICE. AT THE TIME YOU ENTERED THE ARMY THE PAY PROVIDED BY LAW FOR A PRIVATE WITH LESS THAN FOUR MONTHS OF SERVICE WAS $21 A MONTH. EFFECTIVE JUNE 1, 1942, THE PAY OF A PRIVATE WITH LESS THAN THREE YEARS OF SERVICE WAS FIXED AT $50 A MONTH BY THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, WHICH WAS APPROVED JUNE 16, 1942. ON SUCH BASIS YOUR PAY FOR THE PERIOD INVOLVED AMOUNTED TO $199.27, WHICH WAS THE TOTAL OF THE FOLLOWING ITEMS; $19.60 FOR THE PERIOD FROM FEBRUARY 3 TO 28; $21 FOR MARCH; $21 FOR APRIL; $21 FOR MAY; $50 FOR JUNE; $50 FOR JULY; AND $16.67 FOR THE PERIOD FROM AUGUST 1 TO 10. AS THE RECORDS SHOWED THAT THE SUM OF $4.50 WAS DUE FROM YOU TO THE COMPANY FUND OF COMPANY A, 8TH TRAINING BATTALION, CAMP WHEELER, GEORGIA, FOR LAUNDRY SERVICE THAT AMOUNT WAS WITHHELD FROM THE TOTAL AMOUNT DUE YOU AND YOU WERE PAID THE BALANCE OF $194.77 PURSUANT TO OUR SETTLEMENT OF OCTOBER 21, 1948. THAT WAS THE FULL AMOUNT DUE YOU AS PAY FOR THE PERIOD FROM FEBRUARY 3 TO AUGUST 10, 1942.
IN MOST INSTANCES ENLISTED MEN ARE DISCHARGED FROM THE THE MILITARY OR NAVAL SERVICE AT A PLACE OTHER THAN THEIR HOME OR WHERE THEY INTEND TO LIVE OR AT A PLACE OTHER THAN THE PLACE AT WHICH THEY WERE ACCEPTED FOR ENLISTMENT. THE GOVERNMENT, IN RECOGNITION OF AN OBLIGATION TO RETURN SUCH MEN AT GOVERNMENT EXPENSE TO THE PLACE WHERE THEY ENTERED THE SERVICE, PROVIDED IN SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, FOR THE PAYMENT OF A TRAVEL ALLOWANCE AT THE RATE OF FIVE CENTS A MILE. IT HAS BEEN HELD, HOWEVER, THAT WHERE AN ENLISTED MAN OF THE ARMY IS RECOMMENDED FOR DISCHARGE BECAUSE OF PHYSICAL DISABILITY AND IS THEN TRANSFERRED AT GOVERNMENT EXPENSE TO A HOSPITAL IN THE VICINITY OF HIS HOME AND IS THERE DISCHARGED, THE PURPOSE AND INTENT OF THE LAW HAVE BEEN ACCOMPLISHED AND NO TRAVEL ALLOWANCE IS AUTHORIZED TO BE PAID TO HIM INCIDENT TO HIS DISCHARGE. 25 COMP. GEN. 433. IT APPEARS THAT SUCH HOLDING IS APPLICABLE IN YOUR CASE. YOU WERE TRANSFERRED FROM ATLANTA, GEORGIA, TO ALLENTOWN STATE HOSPITAL, ALLENTOWN, PENNSYLVANIA, AND THERE DISCHARGED. IT APPEARING THAT ALLENTOWN IS NOT MORE THAN SEVEN MILES FROM BETHLEHEM, PENNSYLVANIA, YOUR HOME, THE PAYMENT OF A TRAVEL ALLOWANCE IS NOT AUTHORIZED.
IT IS BELIEVED THAT THE FOREGOING WILL SUFFICIENTLY EXPLAIN WHY FAVORABLE ACTION MAY NOT BE TAKEN ON YOUR CLAIM FOR AN ADDITIONAL AMOUNT.