B-142560, JUN. 24, 1960

B-142560, JUN. 24, 1960

TO LIEUTENANT COLONEL JOSEPH C. JOHNSON, USAR, RETIRED:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 17, 1960, SUBMITTING A CLAIM FOR THE PAY AND ALLOWANCES APPLICABLE TO THE RANK OF MAJOR FOR 39 DAYS ACCRUED LEAVE STANDING TO YOUR CREDIT ON MARCH 28, 1950--- DATE OF YOUR RELEASE FROM ACTIVE DUTY AS A COMMISSIONED OFFICER--- LESS THE AMOUNT OF $365.94 CERTIFIED FOR PAYMENT BY SETTLEMENT OF OUR OFFICE DATED MARCH 23, 1954. IN SUPPORT OF YOUR CLAIM YOU STATE THAT IT HAS COME TO YOUR ATTENTION THAT RESERVE OFFICERS UNDER CIRCUMSTANCES SIMILAR TO YOURS HAVE RECEIVED LUMP-SUM PAYMENTS FOR THE FULL NUMBER OF DAYS OF ACCRUED LEAVE TO THEIR CREDIT ON THE DATE OF RELEASE FROM ACTIVE DUTY, AND YOU EXPRESSED THE VIEW THAT YOU ARE SIMILARLY ENTITLED TO SUCH PAYMENT.

BY PARAGRAPH 5, SPECIAL ORDERS NO. 59, DATED MARCH 23, 1950, ISSUED BY HEADQUARTERS, 2ND INFANTRY DIVISION, FORT LEWIS, WASHINGTON, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE MARCH 28, 1950, AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD. THE ORDERS STATED FURTHER THAT YOU HAD 39 DAYS UNUSED ACCRUED LEAVE AUTHORIZED TO BE CARRIED FORWARD TO YOUR ENLISTED STATUS, PURSUANT TO PARAGRAPH 3B (4), ARMY REGULATIONS 600-115, DATED AUGUST 25, 1947. YOUR MILITARY PAY RECORD SHOWS THAT YOU ENLISTED AS A MASTER SERGEANT ON MARCH 29, 1950, FOR A PERIOD OF THREE YEARS AND SERVED UNTIL APRIL 14, 1953, WHEN YOU WERE PAID PAY AND ALLOWANCES FOR ACCRUED ANNUAL LEAVE OF SIXTY DAYS (MAXIMUM ACCRUAL) IN AMOUNTS AGGREGATING $728.52.

FOR THE REASONS HEREINAFTER SET FORTH IT IS CONCLUDED THAT THERE IS NO PROPER BASIS FOR THE ALLOWANCE OF YOUR CLAIM. UNDER DATE OF APRIL 28, 1960, WE REQUESTED THE ADJUTANT GENERAL OF THE ARMY TO FURNISH A REPORT OF YOUR LEAVE FROM THE DATE OF YOUR RELEASE FROM ACTIVE DUTY ON MARCH 28, 1950, INCLUDING A STATEMENT AS TO WHETHER THE 39 DAYS ACCRUED LEAVE ON THAT DATE WAS ACTUALLY CARRIED FORWARD TO YOUR LEAVE ACCOUNT AS AN ENLISTED MAN AND A SHOWING OF THE AMOUNT OF LEAVE USED BY YOU DURING THE PERIOD FROM MARCH 29, 1950, TO APRIL 14, 1953, INCLUSIVE. THERE IS ENCLOSED FOR YOUR INFORMATION A COPY OF YOUR LEAVE RECORD FURNISHED BY THE ADJUTANT GENERAL AND FOR READY REFERENCE WE MAKE THE FOLLOWING SUMMARY:

TABLE PERIOD LEAVE BROUGHT LEAVE LEAVE BALANCE -

FORWARD ACCRUED TAKEN DAYS MARCH 29, 1950,

39 DAYS 39 DAYS MARCH 29 TO JUNE 30, 1950, 39 DO. 8 DAYS 0 47 DO. JULY 1, 1950, TO JUNE 30, 1951, 47 DO. 30 DO. 8 DAYS 60 DO.

(*) JULY 1, 1951, TO JUNE 30, 1952, 60 DO. 30 DO. 37 DO. 53 DO. JULY 1, 1952, TO APRIL 14, 1953, 53 DO. 24 DO. 19 DO. 58 DO.

(*) MAXIMUM ACCRUAL ---- 9 DAYS FORFEITED

THERE IS ALSO ENCLOSED A COPY OF YOUR MILITARY PAY RECORD COVERING THE PERIOD JANUARY 1 TO APRIL 14, 1953, WHICH SHOWS--- AS PREVIOUSLY INDICATED --- THAT AS OF THE LATTER DATE YOU WERE CREDITED WITH SUMS AGGREGATING $728.52, AS FOLLOWS:

TABLE

60 DAYS PAY (ACCRUED LEAVE) AT $305.76 PER MO. $611.52

60 DO. BAQ AT $1.25 PER DAY 75.00

60 DO. BAS AT $0.70 DO. DO. 42.00

TOTAL CREDITS $728.52

SINCE THE 39 DAYS LEAVE CARRIED FORWARD UPON YOUR ENLISTMENT WAS INCLUDED IN THE 60 DAYS LEAVE FOR WHICH YOU WERE PAID AS AN ENLISTED MAN UPON YOUR DISCHARGE ON APRIL 14, 1953, AND SINCE YOU WERE PAID THE SUM OF $365.94, BY THE SETTLEMENT OF MARCH 23, 1954, AS THE DIFFERENCE BETWEEN THE PAY AND ALLOWANCES OF A MAJOR AND THE PAY AND ALLOWANCES OF A MASTER SERGEANT FOR A PERIOD OF 39 DAYS, IT IS CLEAR THAT YOU HAVE ALREADY RECEIVED PAYMENTS AGGREGATING AN AMOUNT EQUIVALENT TO THE PAY AND ALLOWANCES OF A MAJOR AS OF MARCH 28, 1950.

IT WILL BE NOTED FROM THE ENCLOSED COPY OF YOUR LEAVE ACCOUNT AS WELL AS THE ABOVE SUMMARY OF THE LEAVE ACCRUED AND USED BY YOU DURING THE PERIOD MARCH 28, 1950, TO APRIL 14, 1953, THAT YOU HAD ONLY 58 DAYS ACCRUED LEAVE AS OF THE LATTER DATE. SINCE, AS SHOWN BY YOUR MILITARY PAY RECORD, YOU WERE PAID FOR 60 DAYS ACCRUED LEAVE UPON YOUR DISCHARGE ON APRIL 14, 1953, YOU APPEAR TO BE INDEBTED TO THE UNITED STATES IN THE SUM OF $24.28, COMPUTED AS FOLLOWS:

TABLE

2 DAYS AT $305.76 PER MO. $20.38

2 DO. DO. $1.25 PER DAY 2.50

2 DO. DO. $0.70 PER DAY 1.40

------- $24.28

UPON THE BASIS OF THE FACTS SET FORTH HEREIN YOUR CLAIM IS DENIED AND YOU ARE REQUESTED TO REMIT THE SUM OF $24.28 BY CHECK OR MONEY ORDER PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE.' SUCH REMITTANCE SHOULD BE ADDRESSED TO U.S. GENERAL ACCOUNTING OFFICE, P.O. BOX 2610, WASHINGTON 13, D.C.