A-9288, JUNE 1, 1925, 4 COMP. GEN. 1008

A-9288: Jun 1, 1925

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AN ADJUSTED SERVICE CERTIFICATE WAS ISSUED FOR LESS THAN THE CORRECT AMOUNT AND UPON THE DEATH OF THE VETERAN PAYMENT WAS MADE THEREUNDER TO THE DESIGNATED BENEFICIARY. 1925: I HAVE YOUR LETTER OF APRIL 22. REQUESTING DECISION AS TO WHETHER PAYMENT THEREOF IS AUTHORIZED. THAT AN ADJUSTED SERVICE CERTIFICATE WAS ISSUED TO THE VETERAN IN THE AMOUNT OF $1. THE AMOUNT OF THE CERTIFICATE WAS DULY PAID TO THE BENEFICIARY. SHOWING THAT THE VETERAN WAS ENTITLED TO A CREDIT OF$625. THE DIRECTOR OF THE VETERANS' BUREAU WAS ALSO DIRECTED AND REQUIRED TO ISSUE TO THE VETERAN DESIGNATED THEREIN. THAT THE COMPUTATION OF THE NUMBER OF DAYS' SERVICE FOR WHICH THE VETERAN WAS ENTITLED TO RECEIVE ADJUSTED SERVICE CREDIT BY THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY WAS PURELY A MINISTERIAL ACT AND A MISTAKE IN THE COMPUTATION THEREOF COULD NOT AND WOULD NOT AFFECT THE RIGHTS OR THE AMOUNT OF ADJUSTED SERVICE CREDIT CONFERRED UPON THE VETERAN BY THE PROVISIONS OF THE ACT.

A-9288, JUNE 1, 1925, 4 COMP. GEN. 1008

WORLD WAR ADJUSTED COMPENSATION ACT - ERROR IN COMPUTATION OF AMOUNT OF SERVICE WHERE DUE TO AN ERROR IN COMPUTING THE CORRECT AMOUNT OF A VETERAN'S ADJUSTED SERVICE CREDIT, AN ADJUSTED SERVICE CERTIFICATE WAS ISSUED FOR LESS THAN THE CORRECT AMOUNT AND UPON THE DEATH OF THE VETERAN PAYMENT WAS MADE THEREUNDER TO THE DESIGNATED BENEFICIARY, THE ADDITIONAL AMOUNT FOUND DUE UPON DISCOVERY OF THE ERROR MAY ALSO BE PAID TO THE BENEFICIARY.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, JUNE 1, 1925:

I HAVE YOUR LETTER OF APRIL 22, 1925, IN CONNECTION WITH THE CLAIM OF MISS LUCY M. COURTNEY, AS THE BENEFICIARY NAMED IN THE ADJUSTED SERVICE CERTIFICATE ISSUED TO JOHN ALOYSIUS COURTNEY, NOW DECEASED, PURSUANT TO THE WORLD WAR ADJUSTED COMPENSATION ACT, FOR THE BALANCE DUE HER ON ACCOUNT OF AN ERROR MADE BY THE SECRETARY OF THE NAVY IN COMPUTING THE AMOUNT OF THE VETERAN'S ADJUSTED SERVICE CREDIT, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREOF IS AUTHORIZED.

IT APPEARS THAT JOHN ALOYSIUS COURTNEY, THE VETERAN, FILED A VALID APPLICATION IN ACCORDANCE WITH THE PROVISIONS OF THE WORLD WAR ADJUSTED COMPENSATION ACT; THAT AN ADJUSTED SERVICE CERTIFICATE WAS ISSUED TO THE VETERAN IN THE AMOUNT OF $1,266, IN ACCORDANCE WITH THE CERTIFICATION OF THE ADJUSTED SERVICE CREDIT BY THE SECRETARY OF THE NAVY; THAT THE VETERAN DIED ON NOVEMBER 30, 1924; THAT ON JANUARY 14, 1925, THE AMOUNT OF THE CERTIFICATE WAS DULY PAID TO THE BENEFICIARY; THAT THEREAFTER, ON APRIL 9, 1925, THE SECRETARY OF THE NAVY TRANSMITTED A CORRECTED CERTIFICATION OF THE VETERAN'S ADJUSTED SERVICE CREDIT, SHOWING THAT THE VETERAN WAS ENTITLED TO A CREDIT OF$625, WHICH WOULD ENTITLE THE SAID VETERAN TO A CERTIFICATE IN THE AMOUNT OF $1,582, OR $316 MORE THAN THE AMOUNT OF THE CERTIFICATE ISSUED TO HIM AND PAID TO THE BENEFICIARY. YOUR DOUBT AS TO THE PAYMENT OF THE ADDITIONAL AMOUNT SEEMS TO BE BECAUSE OF THE ACCEPTANCE OF THE PAYMENT OF THE AMOUNT OF THE ADJUSTED SERVICE CERTIFICATE.

THE ACT PROVIDES THAT THE AMOUNT OF ADJUSTED SERVICE CREDIT SHALL BE COMPUTED BY ALLOWANCE FOR EACH DAY OF ACTUAL SERVICE IN EXCESS OF 60 DAYS IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES AFTER APRIL 5, 1917, AND BEFORE JULY 1, 1919, AS SHOWN BY THE SERVICE OR OTHER RECORD OF THE VETERAN, AS FOLLOWS: $1.25 FOR EACH DAY OF OVERSEA SERVICE AND $1 FOR EACH DAY OF HOME SERVICE; BUT THE AMOUNT OF CREDIT FOR A VETERAN WHO PERFORMED NO OVERSEA SERVICE SHALL NOT EXCEED $500, AND THE AMOUNT OF THE CREDIT FOR A VETERAN WHO PERFORMED OVERSEA SERVICE SHALL NOT EXCEED $625. THE DIRECTOR OF THE VETERANS' BUREAU WAS ALSO DIRECTED AND REQUIRED TO ISSUE TO THE VETERAN DESIGNATED THEREIN, UPON FILING OF APPLICATION, ETC., AND CERTIFICATION BY THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY AS PROVIDED IN SECTION 303 OF THE SAID ACT, A NONPARTICIPATING, ADJUSTED SERVICE CERTIFICATE OF A FACE VALUE EQUAL TO THE AMOUNT IN DOLLARS OF 20- YEAR ENDOWMENT INSURANCE THAT THE AMOUNT OF THE ADJUSTED SERVICE CREDIT INCREASED BY 25 PERCENT, ETC., WOULD PURCHASE.

IT THUS APPEARS THAT THE CONGRESS NOT ONLY FIXED THE METHOD OF PAYMENT BUT DEFINITELY FIXED THE AMOUNT TO BE PAID EACH VETERAN UPON COMPLIANCE WITH CERTAIN CONDITIONS, BASED UPON HIS ACTUAL SERVICE, AND THAT THE COMPUTATION OF THE NUMBER OF DAYS' SERVICE FOR WHICH THE VETERAN WAS ENTITLED TO RECEIVE ADJUSTED SERVICE CREDIT BY THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY WAS PURELY A MINISTERIAL ACT AND A MISTAKE IN THE COMPUTATION THEREOF COULD NOT AND WOULD NOT AFFECT THE RIGHTS OR THE AMOUNT OF ADJUSTED SERVICE CREDIT CONFERRED UPON THE VETERAN BY THE PROVISIONS OF THE ACT.

THE PAPERS ACCOMPANYING YOUR SUBMISSION ARE RETURNED HEREWITH, AND YOU ARE ADVISED THAT THERE APPEARS NO LEGAL OBJECTION TO THE PAYMENT OF THE ADDITIONAL AMOUNT.