B-143019, SEP. 19, 1960
Highlights
BURNES: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED MAY 21. REQUESTING AN ACCOUNTING OF PROPERTY ALLEGED TO HAVE BEEN STOLEN FROM YOU. IT APPEARS THAT YOU WERE A RESIDENT OF MIAMI. THAT YOU WERE INDUCTED INTO THE ARMY ON MARCH 7. YOU WERE STATIONED AT OGLETHORPE GENERAL HOSPITAL. YOU WERE TRANSFERRED TO DARNALL GENERAL HOSPITAL. YOU WERE TRANSFERRED FROM DARNALL GENERAL HOSPITAL TO THE VETERANS ADMINISTRATION FACILITY. YOU WERE FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE FROM DARNALL GENERAL HOSPITAL TO AUGUSTA. WHILE YOUR DISCHARGE PAPERS WERE EXECUTED AT DARNALL GENERAL HOSPITAL. THEY WERE NOT DELIVERED TO YOU. OF THE GENERAL ACCOUNTING OFFICE YOU WERE ALLOWED AND PAID THE SUM OF $17.76.
B-143019, SEP. 19, 1960
TO MR. EDWARD M. BURNES:
FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED MAY 21, 1960, JUNE 10, 1960, AND POSTCARD DATED AUGUST 27, 1960, RELATIVE TO YOUR CLAIMS FOR TERMINAL LEAVE PAY AND TRAVEL PAY ON DISCHARGE BELIEVED DUE FROM THE UNITED STATES, AND REQUESTING AN ACCOUNTING OF PROPERTY ALLEGED TO HAVE BEEN STOLEN FROM YOU, TOGETHER WITH DIVIDENDS AND INTEREST ACCRUED TO DATE.
IT APPEARS THAT YOU WERE A RESIDENT OF MIAMI, FLORIDA, AND A REGISTRANT OF LOCAL BOARD NO. 11, AT MIAMI; THAT YOU WERE INDUCTED INTO THE ARMY ON MARCH 7, 1942, AT CAMP BLANDING, FLORIDA; AND THAT YOU SERVED CONTINUOUSLY THEREAFTER UNTIL DISCHARGED ON DECEMBER 10, 1944. IT FURTHER APPEARS THAT UPON YOUR RETURN FROM OVERSEAS ON OCTOBER 1, 1944, YOU WERE STATIONED AT OGLETHORPE GENERAL HOSPITAL, AUGUSTA, GEORGIA; THAT ON OCTOBER 10, 1944, YOU WERE TRANSFERRED TO DARNALL GENERAL HOSPITAL, DANVILLE, KENTUCKY; AND THAT ON DECEMBER 10, 1944, YOU WERE TRANSFERRED FROM DARNALL GENERAL HOSPITAL TO THE VETERANS ADMINISTRATION FACILITY, AUGUSTA, GEORGIA, AND HONORABLY DISCHARGED FROM THE ARMY ON YOUR ARRIVAL AT THE FACILITY. YOU WERE FURNISHED TRANSPORTATION AT GOVERNMENT EXPENSE FROM DARNALL GENERAL HOSPITAL TO AUGUSTA, GEORGIA. WHILE YOUR DISCHARGE PAPERS WERE EXECUTED AT DARNALL GENERAL HOSPITAL, THEY WERE NOT DELIVERED TO YOU, NOR DID THEY BECOME EFFECTIVE, UNTIL YOUR ARRIVAL AT THE VETERANS ADMINISTRATION FACILITY AT AUGUSTA, GEORGIA.
BY SETTLEMENT DATED APRIL 1, 1960, OF THE GENERAL ACCOUNTING OFFICE YOU WERE ALLOWED AND PAID THE SUM OF $17.76, REPRESENTING FURLOUGH RATIONS ($3.36) FOR THE PERIOD FEBRUARY 19 TO 24, 1943, AND TRAVEL ALLOWANCE INCIDENT TO DISCHARGE ON DECEMBER 10, 1944 ($14.40), COMPUTED ON THE DISTANCE FROM AUGUSTA, GEORGIA, TO CAMP BLANDING, FLORIDA. CONCERNING SUCH TRAVEL ALLOWANCE, IT NOW APPEARS THAT YOU SHOULD HAVE BEEN ALLOWED TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM AUGUSTA, GEORGIA, TO MIAMI, FLORIDA, THE LOCATION OF THE LOCAL INDUCTION BOARD TO WHICH YOU REPORTED FOR DELIVERY TO AN INDUCTION STATION. YOUR TRAVEL ALLOWANCE WILL BE RECOMPUTED AND A SETTLEMENT STATED IN YOUR FAVOR FOR THE FURTHER AMOUNT FOUND DUE.
AS TO YOUR CLAIM FOR "TERMINAL LEAVE" PAY, IT APPEARS THAT YOU HAVE ON SEVERAL OCCASIONS BEEN ADVISED THAT YOUR INITIAL CLAIM FOR SUCH PAY WAS RECEIVED AFTER THE CLOSING DATE FOR PRESENTATION OF SUCH CLAIMS.
SECTION 5 (A) OF THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 965, PROVIDED AS FOLLOWS:
"SEC. 5. (A) LEAVE TO WHICH ENLISTED MEMBERS OF THE ARMED FORCES DISCHARGED PRIOR TO SEPTEMBER 1, 1946, AND FORMER ENLISTED MEMBERS OF THE ARMED FORCES DISCHARGED PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, ARE ENTITLED UNDER THE PROVISIONS OF SECTION 3 OF THIS ACT SHALL, TO THE EXTENT NOT TAKEN, BE SETTLED AND COMPENSATED FOR ONLY IN THE MANNER PROVIDED IN SECTION 6 OF THIS ACT AND IF APPLICATION IS MADE TO THE SECRETARY NOT LATER THAN SEPTEMBER 1, 1947, OR, IN THE CASE OF ANY SUCH MEMBER OR FORMER MEMBER WHOSE RECORD IS CORRECTED AFTER THE DATE OF ENACTMENT OF THIS ACT TO SHOW DISCHARGE UNDER HONORABLE CONDITIONS, NOT LATER THAN SEPTEMBER 1, 1947, OR WITHIN ONE YEAR AFTER THE DATE ON WHICH SUCH RECORD IS CORRECTED, WHICHEVER IS LATER.'
THE TERMINAL DATE FOR THE FILING OF CLAIMS WITH THE DEPARTMENT OF THE ARMY WAS SUBSEQUENTLY EXTENDED TO JUNE 30, 1951, BY THE ACT OF APRIL 26, 1950, 64 STAT. 88. NO FURTHER EXTENSIONS WERE MADE, AND SINCE THERE IS NO RECORD OF RECEIPT OF A CLAIM FROM YOU FOR LEAVE PAY PRIOR TO JULY 18, 1952, NO CONSIDERATION MAY BE GIVEN SUCH CLAIM. WE HAVE NOT OVERLOOKED YOUR STATEMENT THAT YOU FORWARDED A CLAIM IN THE LATE 1940'S ON A PRINTED FORM. HOWEVER, THE FORM HAS NOT BEEN FOUND AND THERE IS NO RECORD OF ITS RECEIPT.
WITH RESPECT TO THE "PROPERTY" TOTALING OVER ONE MILLION DOLLARS BELONGING TO YOU WHICH YOU STATE WAS IN THE CARE OF YOUR ATTORNEY WHEN HE DIED IN 1943 AND WAS STOLEN BY PERSONS IN THE VETERANS ADMINISTRATION IN THE YEARS 1943 OR 1944 WHILE YOU WERE OVERSEAS, IT IS NOTED THAT YOU HAVE GIVEN NO DESCRIPTION OF SUCH PROPERTY OTHER THAN TO REFER GENERALLY TO "SECURITIES," DIVIDENDS AND INTEREST. ALSO, YOU HAVE NOT EXPLAINED HOW SUCH PROPERTY BECAME ACCESSIBLE TO ANY EMPLOYEE OF THE VETERANS ADMINISTRATION TO ENABLE HIM TO STEAL IT. APPARENTLY, NEITHER YOU NOR YOUR ATTORNEY DELIVERED SUCH PROPERTY TO THE VETERANS ADMINISTRATION AND WE KNOW OF NO WAY ANY OF YOUR PROPERTY IN THE CARE OR POSSESSION OF YOUR ATTORNEY AT THE TIME OF HIS DEATH COULD COME INTO THE POSSESSION OF THE VETERANS ADMINISTRATION WHILE YOU WERE PERFORMING MILITARY DUTY OVERSEAS. THE FEW ITEMS OF PROPERTY WHICH WERE SHOWN TO HAVE BEEN DELIVERED TO THE VETERANS ADMINISTRATION FACILITY AT AUGUSTA WHEN YOU ENTERED THAT PLACE IN DECEMBER 1944 WERE RETURNED ON AND AFTER YOU WERE DISCHARGED THEREFROM ON MARCH 9, 1945. IF ANY GOVERNMENT EMPLOYEE HAS STOLEN ANY OF YOUR PROPERTY, THE MATTER OF HIS CRIMINAL PROSECUTION IS FOR CONSIDERATION BY THE APPROPRIATE LOCAL AUTHORITIES. HOWEVER, HIS CIVIL LIABILITY TO REFUND THE VALUE THEREOF IS A MATTER TO BE ESTABLISHED AGAINST HIM BY SUIT IN THE APPROPRIATE COURT. THE GOVERNMENT IS NOT LIABLE FOR THE VALUE OF PRIVATE PROPERTY STOLEN BY ITS EMPLOYEES.
CONCERNING THE SUMS OWED YOU BY THE UNITED STATES IN CONNECTION WITH YOUR SERVICE IN THE UNITED STATES ARMY, THE RECORDS SHOW THAT AT THE TIME OF YOUR DISCHARGE FROM THE SERVICE THERE WAS FORWARDED TO YOU AT THE VETERANS ADMINISTRATION FACILITY AT AUGUSTA, GEORGIA, A CHECK IN THE SUM OF $454.72, WHICH REPRESENTED ACCRUED PAY AND ALLOWANCES AND FIRST INSTALLMENT OF MUSTERING-OUT PAY; THAT CHECKS FOR THE REMAINING TWO INSTALLMENTS OF MUSTERING-OUT PAY WERE ALSO FORWARDED TO YOU; AND THAT EACH OF THESE CHECKS WAS SUBSEQUENTLY NEGOTIATED AND PAID BY THE TREASURER OF THE UNITED STATES. TWO CHECKS WERE TURNED OVER TO YOU ON YOUR DEPARTURE FROM THE VETERANS ADMINISTRATION FACILITY IN MARCH 1945, ONE FOR $454.72 AND THE OTHER FOR $100 (A MUSTERING-OUT PAY CHECK), FOR WHICH YOU SIGNED A RECEIPT. AT THE SAME TIME YOU RECEIPTED FOR TWO WAR BONDS AND CERTAIN OTHER MISCELLANEOUS ITEMS. WE ARE NOW ADVISED THAT AT THAT TIME THERE REMAINED TO YOUR CREDIT WITH THE VETERANS ADMINISTRATION FACILITY CERTAIN SUMS TOTALING $269.22 WHICH INCLUDED THE EXCHANGE VALUE OF FOREIGN CURRENCY IN YOUR POSSESSION ON ARRIVAL AT THE FACILITY. IN CONNECTION THEREWITH WE ARE FURTHER ADVISED THAT EXISTING RECORDS INDICATE THAT PAYMENT OF THIS SUM WAS FORWARDED TO YOU AT YOUR HOME IN MIAMI, FLORIDA, IN MARCH 1946. ALSO, A DEPOSIT OF $445 WAS REFUNDED TO YOU BY CHECK NO. 1634950 DATED MAY 22, 1945.
OTHER THAN THE MATTER OF TRAVEL ALLOWANCE, WE CAN FIND NO EVIDENCE TO SUPPORT YOUR BELIEF THAT ANY SUM IS DUE YOU FROM THE UNITED STATES. SETTLEMENT WILL BE STATED IN YOUR FAVOR FOR THE ADDITIONAL TRAVEL ALLOWANCE FOUND DUE INCIDENT TO YOUR DISCHARGE.