B-157774, DEC. 5, 1966

B-157774, DEC. 5, 1966

TO MR. WINSTON EDMOND:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 19, 1966, CONCERNING YOUR CLAIM FOR PAY AND ALLOWANCES WHICH YOU BELIEVE TO BE DUE, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY FROM JUNE 1, 1943, TO JUNE 8, 1944. THIS MATTER WAS DISCUSSED IN DETAIL IN OUR DECISION OF NOVEMBER 23, 1965, AND YOU WERE ADVISED THAT UPON REVIEW OF YOUR ARMY PAYROLL RECORDS WE FOUND THAT YOU HAD RECEIVED ALL MONIES DUE YOU IN CONNECTION WITH YOUR ARMY SERVICE.

YOU CONTEND THAT OUR DECISION CONTAINED INACCURACIES AND MISSTATEMENTS OF FACT AND REQUEST FURTHER CONSIDERATION OF YOUR CLAIM. IN THIS REGARD, YOU SAY THAT THE RECORD SHOULD SHOW THAT ALTHOUGH YOU WERE GIVEN A COURT- MARTIAL SENTENCE OF SIX MONTHS IN PRISON AND FINED $15 PER MONTH FOR SIX MONTHS IN MAY 1943, ONLY ONE HALF OF THE SENTENCE WAS APPROVED BY YOUR THEN CAMP COMMANDER AND YOUR FINE WAS SUSPENDED. YOU ALSO STATE THAT YOU WERE NOT PAID AT FORT FRANCIS E. WARREN, WYOMING, DURING THE MONTH OF SEPTEMBER 1943, AND THAT YOU RECEIVED NO PAY FOR THE PERIOD MAY 7, 1944, TO JUNE 8, 1944, WHEN YOU WERE DISCHARGED.

THE REPORT FROM THE WAR DEPARTMENT DATED JANUARY 6, 1948, CONCERNING YOUR COURT-MARTIAL SENTENCE WHICH WE QUOTED IN OUR DECISION OF NOVEMBER 23, 1965, STATES IN PERTINENT PART:

"* * * SENTENCED TO BE CONFINED AT HARD LABOR FOR THREE MONTHS AND TO FORFEIT $15.00 OF THIS PAY PER MONTH FOR SIX MONTHS; SENTENCE APPROVED 15 JUNE 1943; RELEASED FROM CONFINEMENT 18 AUGUST 1943.'

SINCE THE ADMISSION CONTAINED IN YOUR LETTER OF JULY 15, 1947, A COPY OF WHICH HAS ALREADY BEEN FORWARDED TO YOU--- THAT AMONG THE DEDUCTIONS PROPERLY CHARGEABLE AGAINST YOUR PAY WAS THE $90 FINE ASSESSED IN JUNE 1943--- IS IN AGREEMENT WITH ARMY RECORDS, YOUR PRESENT MEMORY OF EVENTS WHICH OCCURRED MORE THAN 23 YEARS AGO FURNISHES NO BASIS FOR QUESTIONING THE ACCURACY OF SUCH RECORDS.

COPIES OF ARMY PAYROLL VOUCHERS AND OTHER OFFICIAL RECORDS NOW IN OUR POSSESSION SHOW THAT IN SEPTEMBER 1943 YOU WERE TRANSFERRED FROM CAMP CARSON, COLORADO, TO FORT FRANCIS E. WARREN, WYOMING, AND PLACED ON THE PAYROLL AS A MEMBER OF THE 998TH QUARTERMASTER SALVAGE COLLECTING COMPANY. NOT HAVING RECEIVED ANY PAY FOR THE MONTHS OF JUNE, JULY AND AUGUST 1943, YOUR NAME WAS IMMEDIATELY ENTERED ON THE SEPTEMBER 1943 ACCOUNTS OF LIEUTENANT COLONEL A. J. WORCOTT, DISBURSING OFFICER, FORT FRANCIS E. WARREN, WYOMING, AND YOU WERE PAID $4.20 IN THE MONTH OF SEPTEMBER ON VOUCHER NO. 6777, WHICH YOU SIGNED. THIS AMOUNT REPRESENTED THE NET AMOUNT OF YOUR PAY DUE YOU FOR THIS THREE MONTH PERIOD AFTER DEDUCTING $81 FAMILY ALLOWANCE, $19.80 CLASS N ALLOTMENT (INSURANCE) AND $45 FORFEITURE OF PAY ($15 PER MONTH FOR THREE MONTHS) PURSUANT TO THE COURT-MARTIAL ORDER OF JUNE 15, 1943.

THESE RECORDS ALSO SHOW THAT ON SEPTEMBER 16, 1943, WHILE STILL STATIONED AT FORT FRANCIS E. WARREN, YOU WERE TRANSFERRED TO THE 613TH QUARTERMASTER DEPOT SUPPLY COMPANY. IN OCTOBER 1943, YOU WERE PAID $15.40, ON VOUCHER NO. 9477, ALSO SIGNED BY YOU. THIS AMOUNT REPRESENTED THE BALANCE OF YOUR UNALLOTTED PAY FOR THE MONTH OF SEPTEMBER 1943.

CONCERNING THE MATTER OF ARMY PAY FROM MAY 7, 1944, UNTIL YOUR DISCHARGE ON JUNE 8, 1944, YOUR SERVICE RECORD INDICATES THAT YOU WERE ARRESTED BY CIVIL AUTHORITIES IN COLORADO ON MAY 7, 1944, CONVICTED OF A CIVIL OFFENSE ON MAY 10, 1944, AND SENTENCED TO A TERM IN THE COLORADO STATE PENITENTIARY. ARMY REGULATIONS GOVERNING MILITARY PERSONNEL IN 1944 PROVIDED THAT A MEMBER OF THE ARMY UNDER ARREST AND CONFINEMENT BY CIVIL AUTHORITIES WILL NOT RECEIVE PAY FOR THE TIME HE IS ABSENT FROM HIS DUTY STATION. THE REGULATIONS GO ON TO STATE THAT WHERE AN ENLISTED MAN IS DISCHARGED AFTER ARREST AND DURING DETENTION BY CIVIL AUTHORITIES FOLLOWING HIS CONVICTION OF THE OFFENSE CHARGED, HE IS NOT ENTITLED TO PAY AND ALLOWANCES ON OR AFTER THE DATE OF HIS ARREST. YOUR WRONGFUL ACTION RESULTED IN THE GOVERNMENT BEING DEPRIVED OF YOUR SERVICES ON AND AFTER MAY 7, 1944.

SINCE THE RECORDS SHOW PAYMENT TO YOU OF THE FULL AMOUNT DUE YOU INCIDENT TO YOUR MILITARY SERVICE IN THE UNITED STATES ARMY FROM JUNE 1943 TO JUNE 1944, THERE IS NO FURTHER ACTION WHICH MAY BE TAKEN IN YOUR CASE AND WE ADHERE TO OUR DECISION OF NOVEMBER 23, 1965.