A-56166, JULY 17, 1934, 14 COMP. GEN. 54

A-56166: Jul 17, 1934

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HAS BEEN ALLOWED AND THE CHECK ISSUED IN PAYMENT THEREOF IS NOT RECEIVED BY THE CLAIMANT BECAUSE OF HIS THEN BEING IN A STATE OF DESERTION AND THE CLAIMANT WAS THEREAFTER APPREHENDED AND SENTENCED BY COURT-MARTIAL "TO FORFEIT ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE. WHICH HAVE GONE INTO OUTSTANDING LIABILITIES PURSUANT TO SECTION 306. SHOULD BE WITHDRAWN THEREFROM BY AN APPROPRIATE SETTLEMENT OF THE GENERAL ACCOUNTING OFFICE AND DEPOSITED TO THE APPROPRIATION AGAINST WHICH THE CHECK WAS ORIGINALLY CHARGED. AS THE CLAIMANT'S RIGHT THERETO WAS FORFEITED UNDER COURT-MARTIAL SENTENCE. 1934: THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF RALPH R. FROM WHICH ENLISTMENT HE WAS HONORABLY DISCHARGED MARCH 12.

A-56166, JULY 17, 1934, 14 COMP. GEN. 54

REENLISTMENT ALLOWANCE - FORFEITURE THEREOF DUE TO COURT-MARTIAL SENTENCE WHERE CLAIM FOR REENLISTMENT ALLOWANCE UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 625 (629), HAS BEEN ALLOWED AND THE CHECK ISSUED IN PAYMENT THEREOF IS NOT RECEIVED BY THE CLAIMANT BECAUSE OF HIS THEN BEING IN A STATE OF DESERTION AND THE CLAIMANT WAS THEREAFTER APPREHENDED AND SENTENCED BY COURT-MARTIAL "TO FORFEIT ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE," THE PROCEEDS OF SUCH CHECK, WHICH HAVE GONE INTO OUTSTANDING LIABILITIES PURSUANT TO SECTION 306, REVISED STATUTES, SHOULD BE WITHDRAWN THEREFROM BY AN APPROPRIATE SETTLEMENT OF THE GENERAL ACCOUNTING OFFICE AND DEPOSITED TO THE APPROPRIATION AGAINST WHICH THE CHECK WAS ORIGINALLY CHARGED, AS THE CLAIMANT'S RIGHT THERETO WAS FORFEITED UNDER COURT-MARTIAL SENTENCE.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 17, 1934:

THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF RALPH R. PARRISH FOR $75, REPRESENTING ENLISTMENT ALLOWANCE ALLEGED TO BE DUE UNDER THE PROVISIONS OF THE ACT OF JUNE 10, 1922, 42 STAT. 625.

THE CLAIMANT'S MILITARY HISTORY APPEARS AS FOLLOWS: THAT HE ENLISTED IN THE UNITED STATES ARMY ON FEBRUARY 6, 1924, FROM WHICH ENLISTMENT HE WAS HONORABLY DISCHARGED MARCH 12, 1927; THAT HE REENLISTED MARCH 25, 1927, FROM WHICH REENLISTMENT HE DESERTED ON JULY 7, 1927; THAT HE WAS APPREHENDED ON JANUARY 13, 1928; THAT HE WAS TRIED BY GENERAL COURT- MARTIAL ON MARCH 10, 1928, FOR VIOLATION OF THE FIFTY EIGHTH ARTICLE OF WAR (DESERTION) AND WAS FOUND GUILTY OF VIOLATION OF THE SIXTY-FIRST ARTICLE OF WAR (ABSENT WITHOUT LEAVE); THAT HE WAS SENTENCED TO BE DISHONORABLY DISCHARGED FROM THE SERVICE, TO FORFEIT ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE, AND TO BE CONFINED AT HARD LABOR FOR 11 MONTHS; THAT THE EXECUTION OF THAT PORTION OF THE SENTENCE ADJUDGING DISHONORABLE DISCHARGE WAS SUSPENDED UNTIL SOLDIER'S RELEASE FROM CONFINEMENT; THAT HE WAS HONORABLY RESTORED TO DUTY AUGUST 20, 1928; AND THAT HE WAS HONORABLY DISCHARGED ON MAY 16, 1931, PER EXPIRATION OF SERVICE.

UNDER DATE OF MAY 10, 1927, SHORTLY AFTER HIS REENLISTMENT, THE SOLDIER FILED A CLAIM FOR $75 ENLISTMENT ALLOWANCE. THIS CLAIM WAS ALLOWED BY SETTLEMENT OF THIS OFFICE APPROVED SEPTEMBER 29, 1927, AND CHECK NO. 115354, DATED OCTOBER 20, 1927, WAS ISSUED BY THE TREASURER OF THE UNITED STATES IN PAYMENT OF SAID SETTLEMENT AND WAS FORWARDED TO THE CLAIMANT AT FORT DOUGLAS, UTAH. THE SOLDIER THEN BEING IN THE STATUS OF A DESERTER, THE CHECK WAS RETURNED TO THE TREASURER UNDER DATE OF MARCH 24, 1928, FOR PROPER DISPOSITION. IN A REPORT DATED JUNE 5, 1934, THE TREASURY DEPARTMENT ADVISED THIS OFFICE THAT THE PROCEEDS OF THE CHECK HAD BEEN COVERED INTO THE TREASURY IN THE ACCOUNT DENOMINATED,"OUTSTANDING LIABILITIES," PURSUANT TO THE PROVISIONS OF SECTION 306, REVISED STATUTES, AS AMENDED, 41 STAT. 654.

THE CLAIMANT, UNDER DATE OF APRIL 7, 1934, AGAIN MADE CLAIM FOR THE ENLISTMENT ALLOWANCE IN QUESTION. AT THE TIME OF THE SETTLEMENT ALLOWING THE CLAIM THUS ASSERTED NO INFORMATION WAS BEFORE THIS OFFICE REFLECTING THE SOLDIER'S STATUS OF DESERTION. IN VIEW, HOWEVER, OF THE GENERAL COURT -MARTIAL TRIAL OF MARCH 10, 1928, FINDING THE SOLDIER GUILTY AS HEREINBEFORE STATED, AND THE SENTENCE IMPOSING, AMONG OTHER THINGS, A FORFEITURE OF "ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE," IT IS HELD THAT THE SOLDIER'S RIGHT TO THE ENLISTMENT ALLOWANCE OTHERWISE DUE WAS FORFEITED BY THE COURT-MARTIAL SENTENCE. ACCORDINGLY, HIS CLAIM FOR SAID ALLOWANCE MUST NOW BE AND IS DISALLOWED. (5 COMP. GEN. 671.) THE SETTLEMENT OF SEPTEMBER 29, 1927, IS HEREBY CANCELED, AND THE AMOUNT OF THE CHECK IN PAYMENT OF THAT SETTLEMENT WILL BE WITHDRAWN FROM THE ACCOUNT ,OUTSTANDING LIABILITIES," AND DEPOSITED TO THE APPLICABLE APPROPRIATION BY AN APPROPRIATE SETTLEMENT OF THIS OFFICE.