A-49208, DEC. 24, 1963

A-49208: Dec 24, 1963

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MENZER: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1. RELATIVE TO PAY AND ALLOWANCE BENEFITS TO WHICH YOU BELIEVE YOU ARE ENTITLED BY REASON OF YOUR SERVICE IN THE ARMY. FROM WHICH YOU WERE LAST DISCHARGED ON AUGUST 8. YOU NOW ALLEGE THAT ALL ADVERSE RULINGS IN YOUR CASE HAVE BEEN MADE UNDER THE ARMY REGULATIONS AND RULES WHICH ARE NOW IN EFFECT RATHER THAN THE RULES AND REGULATIONS WHICH WERE IN EFFECT IN 1915. THE RECORD SHOWS THAT YOUR CLAIM FOR ADDITIONAL AMOUNTS BELIEVED TO BE DUE WAS FIRST DISALLOWED BY THE AUDITOR FOR THE WAR DEPARTMENT ON SEPTEMBER 9. THOSE LAWS AND REGULATIONS HAVE GOVERNED EACH SUCCEEDING RULING IN YOUR CASE EXCEPT. SINCE YOU HAVE FURNISHED NO NEW INFORMATION.

A-49208, DEC. 24, 1963

TO MR. EDWIN L. MENZER:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1, 1963, RELATIVE TO PAY AND ALLOWANCE BENEFITS TO WHICH YOU BELIEVE YOU ARE ENTITLED BY REASON OF YOUR SERVICE IN THE ARMY, FROM WHICH YOU WERE LAST DISCHARGED ON AUGUST 8, 1919.

IN OUR LETTER TO YOU OF OCTOBER 17, 1963, TO WHICH YOU REFER, WE ADVISED YOU THAT YOUR CASE HAD BEEN FULLY AND CAREFULLY CONSIDERED MANY TIMES OVER A PERIOD OF YEARS. YOU NOW ALLEGE THAT ALL ADVERSE RULINGS IN YOUR CASE HAVE BEEN MADE UNDER THE ARMY REGULATIONS AND RULES WHICH ARE NOW IN EFFECT RATHER THAN THE RULES AND REGULATIONS WHICH WERE IN EFFECT IN 1915. THE RECORD SHOWS THAT YOUR CLAIM FOR ADDITIONAL AMOUNTS BELIEVED TO BE DUE WAS FIRST DISALLOWED BY THE AUDITOR FOR THE WAR DEPARTMENT ON SEPTEMBER 9, 1915, IN ACCORDANCE WITH THE LAWS AND REGULATIONS IN EFFECT IN 1915, AND THOSE LAWS AND REGULATIONS HAVE GOVERNED EACH SUCCEEDING RULING IN YOUR CASE EXCEPT, OF COURSE, FOR BENEFITS INVOLVING LATER DATES. SEE THE COPY OF DECISION OF NOVEMBER 22, 1946, A-49208, FURNISHED YOU WITH OUR LETTER OF OCTOBER 17, 1963.

SINCE YOU HAVE FURNISHED NO NEW INFORMATION, THERE IS NO BASIS FOR FURTHER CONSIDERATION OF YOUR CLAIM. OUR PREVIOUS LETTERS ADVISED YOU IN DETAIL OF THE REASONS WHY YOU ARE NOT ENTITLED TO THE AMOUNTS YOU CLAIM. IN THE CIRCUMSTANCES, IT APPEARS THAT FURTHER CORRESPONDENCE IN THIS MATTER WOULD SERVE NO USEFUL PURPOSE, AND ANY LETTERS WHICH MAY BE RECEIVED FROM YOU IN THE FUTURE WILL BE FILED WITHOUT REPLY.

CONCERNING YOUR INQUIRY AS TO THE "CORRECT DEPARTMENT" TO WHICH YOU MAY REFER YOUR CASE, YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE ON ALL OFFICERS IN THE EXECUTIVE BRANCH OF THE GOVERNMENT. SEE 31 U.S.C. 71, 74.