B-157072, DEC. 13, 1965

B-157072, DEC. 13, 1965

TO MR. LESTER E. DENNIS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 14, 1965, REQUESTING RECONSIDERATION OF THE ACTION TAKEN BY THIS OFFICE ON YOUR CLAIMS FOR ARREARS OF PAY WHICH YOU BELIEVE TO BE DUE YOU INCIDENT TO YOUR SERVICE IN THE ARMY FROM MARCH 25, 1944, DATE OF INDUCTION, TO MARCH 31, 1946, DATE OF DISCHARGE, AND FROM JUNE 22, 1948, DATE OF REENLISTMENT, TO FEBRUARY 1, 1952, DATE OF DISCHARGE FROM THAT ENLISTMENT. ALSO, YOU EXPRESS DISSATISFACTION WITH OUR ACTION IN APPLYING THE SUM OF $60 (REPRESENTING AN OVERDEDUCTION OF A COURT MARTIAL FORFEITURE UNDER SPECIAL COURT-MARTIAL ORDERS NO. 77, AUGUST 30, 1951) IN PARTIAL LIQUIDATION OF AN INDEBTEDNESS OF $358.74 REPORTED TO US BY THE VETERANS ADMINISTRATION. IN VIEW OF YOUR STATEMENTS IN THAT LETTER, WE CAREFULLY REEXAMINED ALL THE INFORMATION CONTAINED IN OUR FILE RELATING TO YOUR CASE AND ALSO OBTAINED ADDITIONAL INFORMATION CONCERNING YOUR MILITARY SERVICE FROM THE DEPARTMENT OF THE ARMY.

THERE WAS RECEIVED IN OUR OFFICE ON JULY 16, 1953, FROM THE DEPARTMENT OF THE ARMY, YOUR LETTER OF JANUARY 27, 1953, WHICH READS AS FOLLOWS:

"I RECEIVED YOUR NOTICE THAT I WAS NOT ELIGIBLE FOR THE MUSTERING OUT PAY BECAUSE OF MY B.C.D.

"I WONDER IF I AM ELIGIBLE FOR MY BACK PAY. I SIGNED A CLAIM UPON DISCHARGE AND SINCE THAT TIME I HAVE WRITTEN AND SENT A COPY OF THE APPROVAL OF MY SENTENCE AND I HAVE HEARD NOTHING YET.

"MY SENTENCE WAS 3 MONTHS AND $80.00 PER MONTH BUT THE APPROVAL WAS FOR $60.00.

"I SAW MY PAY RECORD AND THE WHOLE $80.00 WAS TAKEN OUT $240.00 WHEN IT SHOULD HAVE BEEN $180.00.

"WOULD YOU PLEASE CHECK THIS FOR ME.'

ALTHOUGH YOU REFERRED GENERALLY IN THAT LETTER TO YOUR "BACK PAY," YOU MENTIONED SPECIFICALLY ONLY YOUR CLAIM FOR REFUND OF THE SUM OF $60 AND REFERENCE WAS MADE ONLY TO THAT CLAIM IN THE DEPARTMENT OF THE ARMY REPORT WHICH ACCOMPANIED YOUR LETTER WHEN IT WAS RECEIVED IN OUR OFFICE. IT WAS INDICATED IN SUCH REPORT THAT THE SUM OF $240 WAS WITHHELD FROM YOUR PAY PURSUANT TO SPECIAL COURT-MARTIAL ORDERS NO. 77, WHEREAS ONLY $180 SHOULD HAVE BEEN WITHHELD, RESULTING IN AN OVERDEDUCTION OF $60.

BY SETTLEMENT DATED SEPTEMBER 28, 1953, THE AMOUNT OF $60 DUE YOU WAS APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS OF $358.74. SUCH ACTION WAS TAKEN BY US FOR THE REASON THAT WHERE A PERSON IS BOTH DEBTOR AND CREDITOR TO THE GOVERNMENT IN ANY FORM, THE ACCOUNTING OFFICERS ARE REQUIRED BY LAW TO CONSIDER BOTH THE DEBITS AND THE CREDITS AND TO CERTIFY FOR PAYMENT ONLY THE BALANCE DUE, IF ANY. THE ACTION TAKEN BY US ON YOUR CLAIM FOR $60, THEREFORE, WAS CORRECT. YOU WERE ADVISED OF SUCH ACTION IN LETTER OF OCTOBER 6, 1953, ADDRESSED TO YOU AT 303 WEST SEVENTH STREET, WILMINGTON, DELAWARE, BUT THE LETTER WAS RETURNED TO OUR OFFICE BY THE POST OFFICE DEPARTMENT BECAUSE YOU WERE "NOT KNOWN" AT THAT ADDRESS. THE VETERANS ADMINISTRATION SUBSEQUENTLY REPORTED COLLECTION OF THE REMAINING BALANCE OF $298.74.

ON NOVEMBER 21, 1963, WE RECEIVED FROM THE DEPARTMENT OF THE ARMY YOUR LETTER DATED OCTOBER 10, 1963, WHICH READS AS FOLLOWS:

"HAVE BEEN REFERRED TO YOU BY COLONEL EUGENE S. TARR AGC IN REFERENCE TO MY ARMY PAY.

"I SERVED WITH THE 284TH COM. ENGRS. FROM MARCH 25, 1944 UNTIL I WAS WOUNDED ON MARCH 17, 1945 AT REMAGEN, GERMANY. I THEN SERVED WITH THE WAR CRIMES SERVICE UNTIL MY DISCHARGE ON MARCH 31, 1946.

"I WAS PAID IN FEB. OF 1945 AND DID NOT RECEIVE ANY MORE PAY EXCEPT FOR A FEW $10.00 PARTIAL PAYMENTS UNTIL MY DISCHARGE IN 1946 WHEN I RECEIVED A MONTHS PAY. SINCE THEN I RECEIVED A CHECK FOR $320.62 "I THINK THIS IS THE CORRECT AMOUNT" AND HAVE RECEIVED NOTHING SINCE. I COULD NOT GET A PAY OR A RATING BECAUSE THEY HAD NO RECORDS OF ME. THEY TOLD ME ON SEPARATION THAT THEY WOULD CHECK ON ME BUT I HAVE HEARD NOTHING SINCE.

"I REENLISTED IN 1948 AND SERVED UNTIL 1952.

"IN 1951 I WAS COURT MARTIALED FOR AWOL AND SENTENCED TO 3 MONTHS, A B.C.D. AND $80.00 OF MY PAY.

"THE COLONEL OF MY BATTALION CUT MY FINE TO $60.00 AND APPROVED IT. GEN. EISENHOWER APPROVED IT AND IT WAS SENT TO WASHINGTON AND APPROVED AND THEY TOOK THE FULL $80.00 OUT OF MY PAY.

"I HAVE WRITTEN TO ST. LOUIS AND THEY HAVE DONE NOTHING.

"I THINK I AM ENTITLED TO THIS BACK PAY AND WOULD APPRECIATE IT VERY MUCH IF YOU WOULD CHECK THIS FOR ME.'

IN THE REPORT WHICH ACCOMPANIED YOUR LETTER OF NOVEMBER 21, 1963, WHEN IT WAS RECEIVED IN OUR OFFICE, THE DEPARTMENT OF THE ARMY INDICATED THAT THERE WAS NO RECORD OF A PRIOR CLAIM FOR ARREARS OF PAY DURING YOUR TOUR OF ACTIVE DUTY FROM MARCH 25, 1944, TO MARCH 31, 1946. YOU WERE ADVISED IN OUR LETTER OF DECEMBER 6, 1963, Z-1262078, THAT YOUR CLAIM FOR ARREARS OF PAY FOR THAT PERIOD WAS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 37 U.S.C. 71A, WHICH PROVIDES, WITH EXCEPTIONS NOT HERE MATERIAL, THAT EVERY CLAIM AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE AS THERE SPECIFIED, SHALL BE FOREVER BARRED UNLESS SUCH CLAIM IS RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE THE CLAIM FIRST ACCRUED.

WE SUBSEQUENTLY RECEIVED FOR CONSIDERATION A COPY OF YOUR LETTER OF AUGUST 29, 1964, ADDRESSED TO CONGRESSMAN FASCELL, IN WHICH YOU STATED THAT NOT ONLY HAD YOU BEEN UNABLE TO COLLECT YOUR PAY FOR THE PERIOD MARCH 1, 1945, TO MARCH 31, 1946, BUT THAT YOU WERE ALSO UNABLE TO COLLECT THE SUM OF $500 WHICH YOU WERE TOLD WAS DUE YOU AS BACK PAY WHEN YOU WENT TO THE FINANCE OFFICE IN CAMP KILMER, NEW JERSEY, IN JANUARY 1952. IN OUR LETTER OF DECEMBER 3, 1964, Z-1262078, WE ADVISED CONGRESSMAN FASCELL THAT YOUR CLAIMS FOR ARREARS OF PAY WERE BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, BECAUSE SUCH CLAIMS WERE NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THEY FIRST ACCRUED.

SINCE YOU INQUIRED IN YOUR LETTER OF JANUARY 27, 1953, CONCERNING YOUR ENTITLEMENT TO "BACK ," AND SINCE RECORDS WHICH HAVE NOW BEEN FURNISHED US BY THE DEPARTMENT OF THE ARMY SHOW THAT, IN 1946, YOU DID PRESENT TO THE WAR DEPARTMENT A CLAIM FOR ARREARS OF PAY, WE HAVE CONCLUDED UPON RECONSIDERATION THAT YOUR LETTER OF JANUARY 27, 1953, PROPERLY MAY BE CONSIDERED AS A CLAIM FOR ALL ARREARS OF PAY DUE YOU AT THAT TIME. SUCH BASIS, YOUR CLAIMS WERE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THEY FIRST ACCRUED AND THEY ARE NOT BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940. WE HAVE, THEREFORE, CAREFULLY EXAMINED ALL AVAILABLE RECORDS RELATING TO YOUR CASE FOR INFORMATION WHICH WOULD ESTABLISH YOUR RIGHTS IN THE MATTER.

THE OFFICIAL RECORDS, AS REPORTED TO US BY THE DEPARTMENT OF THE ARMY, SHOW THAT YOU WERE INDUCTED INTO THE ARMY ON MARCH 25, 1944, IN THE GRADE OF PRIVATE AND THAT YOU WERE PROMOTED TO PRIVATE FIRST CLASS ON JANUARY 31, 1945. SINCE SUCH RECORDS SHOW THAT YOU HAD 1 YEAR, 9 MONTHS, AND 12 DAYS OF CREDITABLE FEDERAL SERVICE AT THE TIME OF YOUR INDUCTION, IT APPEARS THAT YOU COMPLETED 3 YEARS OF SERVICE FOR LONGEVITY PAY PURPOSES ON JUNE 12, 1945. AS SHOWN IN SPECIAL COURT MARTIAL ORDERS NO. 10, HEADQUARTERS 76TH GENERAL HOSPITAL, CHANOR BASE SECTION, APO 562, DATED JULY 21, 1945, YOU WERE FOUND GUILTY OF VIOLATION OF THE 96TH ARTICLE OF WAR AND SENTENCED TO FORFEIT $32 OF YOUR PAY FOR 1 MONTH. SUBSEQUENTLY, YOU WERE TRIED BY SUMMARY COURT MARTIAL FOR VIOLATION OF THE 61ST ARTICLE OF WAR, AND THE ADJUDGED SENTENCE, AS MODIFIED AND APPROVED ON OCTOBER 29, 1945, PROVIDED FOR FORFEITURE OF $33.33 OF YOUR PAY, FOR YOUR CONFINEMENT AT HARD LABOR FOR 30 DAYS, AND FOR YOUR REDUCTION TO THE GRADE OF PRIVATE. THE DEPARTMENT OF THE ARMY HAS REPORTED THAT YOU HELD THE GRADE OF PRIVATE FROM OCTOBER 29, 1945, THROUGH MARCH 31, 1946, THE DATE OF YOUR DISCHARGE. A TRANSCRIPT OF YOUR PAY ACCOUNT FOR THE PERIOD INVOLVED SHOWS THAT YOU WERE PAID FOR THE MONTH OF FEBRUARY 1945 ON VOUCHER NO. 2981, MARCH 1945 ACCOUNTS OF R. P. OLSEN.

A CONSOLIDATED STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD MARCH 1, 1945, THROUGH MARCH 31, 1946, IS AS FOLLOWS:

TABLE

CREDITS

BASE AND FOREIGN SERVICE PAY AS A PRIVATE FIRST CLASS,

MARCH 1, 1945, TO JUNE 12, 1945, AT $64.80 PER MONTH $ 220.32

BASE, LONGEVITY, AND FOREIGN SERVICE PAY AS A PRIVATE

FIRST CLASS WITH OVER 3 YEARS OF SERVICE, JUNE 13,

1945, TO OCTOBER 28, 1945, AT $67.50 PER MONTH 306.00

BASE, LONGEVITY, AND FOREIGN SERVICE PAY AS A PRIVATE

WITH OVER 3 YEARS OF SERVICE, OCTOBER 29, 1945, TO

MARCH 27, 1946, AT $62.50 PER MONTH 310.42

BASE AND LONGEVITY PAY AS A PRIVATE WITH OVER 3 YEARS

OF SERVICE, MARCH 28 TO MARCH 31, 1946, AT $52.50

PER MONTH 5.25

TRAVEL PAY 6.80

FIRST INSTALLMENT OF MUSTERING-OUT PAY 100.00

$ 948.79

DEBITS

CLASS N ALLOTMENT (NATIONAL SERVICE LIFE INSURANCE),

MARCH 1, 1945, TO MARCH 31, 1946, AT $7.20 PER MONTH $ 93.60

PARTIAL PAYMENT FOR THE MONTH OF APRIL 1945, ACCOUNTS

OF R. H. CHASE 10.09

COURT-MARTIAL FORFEITURE (JULY 21, 1945) 32.00

COURT-MARTIAL FORFEITURE (OCTOBER 29, 1945) 33.33

CHECK PAYMENT ON VOUCHER NO. 41652, MARCH 1946

ACCOUNTS OF Q. A. PEARSON 236.62

CASH PAYMENT ON VOUCHER NO. 41652, MARCH 1946

ACCOUNTS OF Q. A. PEARSON 50.00

$ 455.64

BALANCE DUE YOU $ 493.15

A SETTLEMENT FOR $493.15 WILL BE PROMPTLY STATED IN YOUR FAVOR.

AS TO YOUR STATEMENT THAT, WHEN YOU WENT TO THE FINANCE OFFICE IN CAMP KILMER IN JANUARY 1952, YOU WERE TOLD THAT THE SUM OF $500 WAS DUE YOU AS BACK PAY, YOU ARE ADVISED THAT WE HAVE NOT BEEN ABLE TO FIND ANY RECORD WHICH WOULD ESTABLISH THAT THE SUM OF $500, OR ANY LIKE AMOUNT, IS DUE YOU UNDER THE ENLISTMENT IN WHICH YOU WERE THEN SERVING.