B-142560, SEP. 12, 1960

B-142560, SEP. 12, 1960

TO LIEUTENANT COLONEL JOSEPH C. JOHNSON, USAR:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 5, 1960, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION OF JUNE 24, 1960, B-142560, RELATING TO YOUR CLAIM FOR AN ADDITIONAL AMOUNT WHICH YOU BELIEVE IS DUE YOU AS PAY AND ALLOWANCES FOR 39 DAYS OF UNUSED ACCRUED LEAVE AS OF MARCH 28, 1950, THE DATE OF YOUR RELEASE FROM ACTIVE DUTY AS A MAJOR, ARMY OF THE UNITED STATES.

AS OF MARCH 28, 1950, AS A MAJOR WITH OVER 22 YEARS OF SERVICE, YOU WERE RECEIVING PAY AT THE RATE OF $498.75 A MONTH, A QUARTERS ALLOWANCE AT THE RATE OF $105 A MONTH, AND A SUBSISTENCE ALLOWANCE AT THE RATE OF $42 A MONTH. ALTHOUGH AS OF THAT DATE YOU HAD 39 DAYS OF ACCRUED LEAVE TO YOUR CREDIT, YOU WERE NOT PAID ANY AMOUNT FOR YOUR LEAVE AT THE TIME OF SUCH RELEASE FROM ACTIVE DUTY. ON THE BASIS OF THE APPLICABLE RATES, THE AMOUNT DUE YOU FOR 39 DAYS OF ACCRUED LEAVE WAS $839.48, CONSISTING OF: (1) PAY, $648.38; (2) QUARTERS ALLOWANCE, $136.50; AND (3) SUBSISTENCE ALLOWANCE, $54.60.

YOU ENLISTED IN THE REGULAR ARMY ON MARCH 29, 1950, FOR A PERIOD OF 3 YEARS AND YOU SERVED UNTIL APRIL 14, 1953, WHEN YOU WERE DISCHARGED AS A MASTER SERGEANT WITH OVER 26 YEARS OF SERVICE. YOUR PAY RECORD CLOSED ON THAT DATE SHOWS THAT AT THAT TIME YOU WERE PAID THE SUM OF $728.52 FOR 60 DAYS OF ACCRUED LEAVE. THE AMOUNT SO PAID WAS BASED ON THE PAY AND ALLOWANCES OF A MASTER SERGEANT WITH OVER 26 YEARS OF SERVICE AND INCLUDED THE FOLLOWING ITEMS: (1) PAY FOR 60 DAYS, AT $305.76 A MONTH, $611.52; (2) QUARTERS ALLOWANCE FOR 60 DAYS, AT $1.25 A DAY, $75; AND (3) SUBSISTENCE ALLOWANCE FOR 60 DAYS, AT $0.70 A DAY, $42. AT SUCH RATES, THE PAY AND ALLOWANCES FOR 39 DAYS AMOUNTED TO $473.54, INCLUDING: (1) PAY, $397.49; (2) QUARTERS ALLOWANCE, $48.75; AND (3) SUBSISTENCE ALLOWANCE, $27.30. SETTLEMENT OF OUR OFFICE DATED MARCH 23, 1954, YOU WERE ALLOWED THE ADDITIONAL AMOUNT OF $365.94 FOR 39 DAYS OF ACCRUED LEAVE. THE AMOUNT SO ALLOWED REPRESENTED THE DIFFERENCE BETWEEN $839.48 (THE AMOUNT DUE YOU AS OF MARCH 28, 1950, AS A MAJOR WITH OVER 22 YEARS OF SERVICE, FOR 39 DAYS OF ACCRUED LEAVE) AND $473.54 (THE AMOUNT YOU ACTUALLY WERE PAID AT DATE OF DISCHARGE, APRIL 14, 1953, AS A MASTER SERGEANT WITH OVER 26 YEARS OF SERVICE, FOR 39 DAYS OF ACCRUED LEAVE). SUCH ACTION BY US WAS A RECOGNITION OF THE FACT THAT YOUR RELEASE FROM ACTIVE DUTY ON MARCH 28, 1950, WAS NOT A DISCHARGE FOR THE PURPOSE OF ENTERING INTO AN ENLISTMENT AND THAT, UNDER THE RULE STATED IN OUR DECISION OF JUNE 19, 1952, B- 105042, 31 COMP. GEN. 668, YOU WERE NOT REQUIRED TO CARRY YOUR UNUSED LEAVE FORWARD TO THE PERIOD OF YOUR ENLISTED SERVICE. YOU HAVE, THEREFORE, BEEN PAID $839.48, THE FULL AMOUNT DUE YOU AS OF MARCH 28, 1950, AS A MAJOR WITH OVER 22 YEARS OF SERVICE, FOR 39 DAYS OF ACCRUED LEAVE.

IN OUR DECISION OF JUNE 24, 1960, YOU WERE FURNISHED A SUMMARIZED STATEMENT OF YOUR LEAVE ACCOUNT FOR THE PERIOD ENDING APRIL 14, 1953, AND IN THAT STATEMENT IT WAS SHOWN THAT 39 DAYS OF LEAVE WERE BROUGHT FORWARD AS OF MARCH 29, 1950. ON SUCH BASIS, IT WAS DETERMINED THAT YOU FORFEITED 9 DAYS OF LEAVE AS OF JUNE 30, 1951; THAT YOU HAD A BALANCE OF ONLY 58 DAYS OF LEAVE AT THE TIME OF YOUR DISCHARGE ON APRIL 14, 1953; AND THAT SINCE YOU WERE PAID FOR 60 DAYS OF LEAVE AT THAT TIME, YOU WERE OVERPAID IN THE AMOUNT OF $24.28 (PAY AND ALLOWANCES FOR 2 DAYS). YOU HAVE REFUNDED THE AMOUNT OF $24.28, BUT YOU QUESTION THE CORRECTNESS OF THE ACTION TAKEN BY US IN THE MATTER.

SINCE YOU HAVE BEEN PAID THE FULL AMOUNT DUE YOU FOR THE 39 DAYS OF LEAVE TO YOUR CREDIT ON MARCH 28, 1950, A CORRECT STATEMENT OF YOUR LEAVE ACCOUNT FOR THE PERIOD FROM MARCH 29, 1950, TO APRIL 14, 1953, BASED UPON THE RECORDS FURNISHED US BY THE DEPARTMENT OF THE ARMY, IS AS FOLLOWS:

TABLE

BROUGHT PERIOD FORWARD ACCRUED USED BALANCE 3/29/50 - 6/30/50 0 DAYS 8 DAYS 0 DAYS 8 DAYS 7) 1/50 - 6/30/51 8 DAYS

30 DAYS 8 DAYS 30 DAYS 7) 1/51 - 6/30/52 30 DAYS 30 DAYS 37 DAYS

23 DAYS 7) 1/52 - 4/14/53 23 DAYS 24 DAYS 19 DAYS 28 DAYS

IT THUS APPEARS THAT AT THE TIME OF YOUR DISCHARGE ON APRIL 14, 1953, YOU HAD 28 DAYS OF ACCRUED LEAVE TO YOUR CREDIT. AS STATED ABOVE, YOUR PAY RECORD CLOSED ON THAT DATE SHOWS THAT YOU WERE PAID THE SUM OF $728.52 FOR 60 DAYS OF ACCRUED LEAVE AND THAT SUCH PAYMENT WAS BASED ON THE PAY AND ALLOWANCES OF A MASTER SERGEANT WITH OVER 26 YEARS OF SERVICE. HOWEVER, SINCE WE HAVE TREATED 39 DAYS OF THOSE 60 DAYS AS REPRESENTING THE LEAVE TO YOUR CREDIT ON MARCH 28, 1950, FOR WHICH YOU NOW HAVE BEEN PAID IN FULL, AND SINCE YOU HAVE REFUNDED THE SUM OF $24.28 PAID YOU FOR 2 ADDITIONAL DAYS OF SUCH 60 DAYS, YOU ACTUALLY HAVE BEEN PAID FOR ONLY 19 DAYS (60 DAYS LESS 41 DAYS) OF THE 28 DAYS OF ACCRUED LEAVE TO YOUR CREDIT ON APRIL 14, 1953.

THERE IS, THEREFORE, DUE YOU FOR THE REMAINING 9 DAYS THE SUM OF $109.28, WHICH INCLUDES: (1) PAY FOR 9 DAYS, AT $305.76 A MONTH, $91.73; (2) QUARTERS ALLOWANCE FOR 9 DAYS, AT $1.25 A DAY, $11.25; AND (3) SUBSISTENCE ALLOWANCE FOR 9 DAYS, AT $0.70 A DAY, $6.30. A SETTLEMENT FOR ..END :