B-119805, MAY 11, 1962
Highlights
BUCKLEY: REFERENCE IS MADE TO YOUR RECENT LETTERS RELATIVE TO YOUR CLAIM FOR LONGEVITY PAY WHILE YOU WERE ON ACTIVE DUTY AS PRIVATE. WHICH INDICATED THE DATE YOU WERE ACCEPTED FOR INDUCTION INTO THE ARMY AND FORWARDED TO YOU A PHOTOSTATIC COPY OF YOUR REPORT OF SEPARATION FURNISHED BY THE NEBRASKA ADJUTANT GENERAL'S OFFICE. THAT REPORT OF SEPARATION WAS NOT FORWARDED WITH YOUR LETTERS TO THIS OFFICE. YOU STATE THAT THE ADDITIONAL ONE YEAR'S SERVICE WAS NOT SHOWN ON THE PHOTOSTATIC COPY OF YOUR DISCHARGE CERTIFICATE AND YOU ARE ENTITLED TO AN ADDITIONAL LONGEVITY CREDIT FOR SUCH SERVICE. THIS WAS BASED ON A REPORT FROM THE DEPARTMENT OF THE ARMY THAT SUCH SERVICE WAS AS A MEMBER OF THE HOSPITAL COMPANY.
B-119805, MAY 11, 1962
TO MR. RALPH M. BUCKLEY:
REFERENCE IS MADE TO YOUR RECENT LETTERS RELATIVE TO YOUR CLAIM FOR LONGEVITY PAY WHILE YOU WERE ON ACTIVE DUTY AS PRIVATE, ARMY OF THE UNITED STATES, FROM SEPTEMBER 5, 1941, TO MAY 17, 1945, BASED ON PRIOR SERVICE IN THE NEBRASKA NATIONAL GUARD.
IN YOUR LETTERS YOU INDICATE THAT YOU SERVED IN THE NATIONAL GUARD FROM 1924 TO 1929 FOR A PERIOD OF FIVE YEARS BUT ONLY RECEIVED LONGEVITY CREDIT FOR FOUR YEARS' SERVICE. YOU FORWARDED A PHOTOSTATIC COPY OF YOUR DISCHARGE CERTIFICATE, TOGETHER WITH A LETTER FROM THE NEBRASKA STATE HEADQUARTERS, SELECTIVE SERVICE SYSTEM, DATED MARCH 30, 1962, WHICH INDICATED THE DATE YOU WERE ACCEPTED FOR INDUCTION INTO THE ARMY AND FORWARDED TO YOU A PHOTOSTATIC COPY OF YOUR REPORT OF SEPARATION FURNISHED BY THE NEBRASKA ADJUTANT GENERAL'S OFFICE. THAT REPORT OF SEPARATION WAS NOT FORWARDED WITH YOUR LETTERS TO THIS OFFICE. YOU STATE THAT THE ADDITIONAL ONE YEAR'S SERVICE WAS NOT SHOWN ON THE PHOTOSTATIC COPY OF YOUR DISCHARGE CERTIFICATE AND YOU ARE ENTITLED TO AN ADDITIONAL LONGEVITY CREDIT FOR SUCH SERVICE. ALSO THERE NOW HAS BEEN REFERRED TO OUR OFFICE BY THE DEPARTMENT OF THE ARMY, YOUR LETTER OF FEBRUARY 28, 1962, TOGETHER WITH PHOTOSTATIC COPIES OF YOUR DISCHARGE CERTIFICATE AND REPORT OF INDUCTION INTO THE ARMY ON SEPTEMBER 5, 1941.
IN OUR DECISION TO YOU, B-119805, DATED APRIL 20, 1959, WE STATED THAT OUR RECORDS SHOWED THAT YOU SERVED AS A MEMBER OF THE NEBRASKA NATIONAL GUARD FROM JULY 27, 1924, TO JULY 26, 1927, AND FROM AUGUST 1, 1928, TO JULY 31, 1929, A TOTAL OF FOUR YEARS. THIS WAS BASED ON A REPORT FROM THE DEPARTMENT OF THE ARMY THAT SUCH SERVICE WAS AS A MEMBER OF THE HOSPITAL COMPANY, 110 MEDICAL REGIMENT, NEBRASKA NATIONAL GUARD. WE STATED THEN THAT SUCH SERVICE WAS NOT AUTHORIZED BY LAW TO BE COUNTED TOWARDS LONGEVITY INCREASES IN PAY UNTIL JUNE 1, 1942, THE EFFECTIVE DATE OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, AS AMENDED, BUT AFTER THAT DATE YOU WERE PAID ON THE BASIS OF HAVING FOUR YEARS' NATIONAL GUARD SERVICE, IN ADDITION TO YOUR ACTIVE SERVICE COMMENCING SEPTEMBER 5, 1941.
OUR RECORDS DO NOT CONTAIN ANY INFORMATION THAT YOU WERE WITH THE NEBRASKA NATIONAL GUARD WITH NO BREAK IN SERVICE, FROM JULY 27, 1924, TO JULY 31, 1929. ON THE CONTRARY, THE RECORDS INDICATED THAT FROM JULY 27, 1927, TO JULY 31, 1928, YOU WERE NOT WITH THE NEBRASKA NATIONAL GUARD. THIS IS SUPPORTED BY THE REPORT OF INDUCTION WHICH YOU SIGNED SEPTEMBER 5, 1941, SINCE IT SHOWS THE IDENTICAL PERIODS OF NEBRASKA NATIONAL GUARD SERVICE THAT THE ARMY REPORTED. APPARENTLY YOU DID NOT QUESTION THAT STATEMENT OF SERVICE WHEN YOU SIGNED THE FORM. IN THE ABSENCE OF EVIDENCE TO SUBSTANTIATE YOUR STATEMENT WITH RESPECT TO THE ADDITIONAL SERVICE YOU CLAIM, WE MUST RELY ON THE OFFICIAL RECORDS WITH RESPECT TO YOUR SERVICE AS REPORTED BY THE DEPARTMENT OF THE ARMY. ACCORDINGLY, THERE IS NO BASIS ON THE RECORD BEFORE US TO ALLOW THE ADDITIONAL PAY CLAIMED.