B-105010, FEB. 10, 1964

B-105010: Feb 10, 1964

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TAMPLIN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 16. WERE SEPARATED FROM THE SERVICE ON APRIL 29. YOUR CLAIM FILED HERE WAS FOR ARREARS OF PAY ALLEGED TO BE DUE FOR THE PERIOD FROM JULY 1. IT WAS DETERMINED THAT YOU WERE DUE ARREARS OF PAY FOR THE PERIOD JULY 1. WAS DISALLOWED FOR THE REASON THAT YOUR MILITARY RECORDS DISCLOSED THAT THIS PERIOD OF ABSENCE FROM ACTIVE DUTY REPRESENTED ABSENCE IN EXCESS OF THE NUMBER OF DAYS' LEAVE AUTHORIZED TO BE GRANTED TO YOU PURSUANT TO THE ARMED FORCES LEAVE ACT OF 1946. YOU WERE GIVEN VERBAL ORDERS TO GO ON FURLOUGH. AS AN ENLISTED MAN IN AN AUTHORIZED FURLOUGH STATUS YOU WERE ENTITLED TO ACTIVE DUTY PAY UNTIL AUGUST 31. WHEN A MEMBER IS AUTHORIZED TO BE ABSENT IN EXCESS OF THE NUMBER OF DAYS' LEAVE AUTHORIZED BY THE 1946 ACT.

B-105010, FEB. 10, 1964

TO MR. JAMES H. TAMPLIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 16, 1963, REQUESTING REVIEW OF THAT PART OF OUR SETTLEMENT DATED MARCH 20, 1952, WHICH DISALLOWED YOUR CLAIM FOR ARREARS OF PAY FOR A PERIOD OF ABSENCE IN EXCESS OF THE NUMBER OF DAYS' LEAVE AUTHORIZED BY LAW INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, ARMY OF THE UNITED STATES.

THE RECORDS SHOW THAT YOU ENLISTED ON OCTOBER 5, 1942, AND WERE SEPARATED FROM THE SERVICE ON APRIL 29, 1949. YOUR CLAIM FILED HERE WAS FOR ARREARS OF PAY ALLEGED TO BE DUE FOR THE PERIOD FROM JULY 1, 1945, THROUGH APRIL 29, 1949. IT WAS DETERMINED THAT YOU WERE DUE ARREARS OF PAY FOR THE PERIOD JULY 1, 1945, THROUGH AUGUST 31, 1946, AND FROM FEBRUARY 9, 1948, THROUGH APRIL 29, 1949. YOUR CLAIM FOR ARREARS OF PAY FOR THE PERIOD FROM SEPTEMBER 1, 1946, THROUGH FEBRUARY 8, 1948, WAS DISALLOWED FOR THE REASON THAT YOUR MILITARY RECORDS DISCLOSED THAT THIS PERIOD OF ABSENCE FROM ACTIVE DUTY REPRESENTED ABSENCE IN EXCESS OF THE NUMBER OF DAYS' LEAVE AUTHORIZED TO BE GRANTED TO YOU PURSUANT TO THE ARMED FORCES LEAVE ACT OF 1946, CH. 931, 60 STAT. 963, AS AMENDED.

IT APPEARS THAT PRIOR TO MARCH 4, 1946, YOU WERE GIVEN VERBAL ORDERS TO GO ON FURLOUGH. AS AN ENLISTED MAN IN AN AUTHORIZED FURLOUGH STATUS YOU WERE ENTITLED TO ACTIVE DUTY PAY UNTIL AUGUST 31, 1946. HOWEVER, WITH RESPECT TO THE PERIOD FROM SEPTEMBER 1, 1946, TO FEBRUARY 9, 1948, THE DATE OF YOUR RETURN TO ACTIVE DUTY, SECTION 4 (B) OF THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED BY THE ACT OF AUGUST 4, 1947, CH. 475, 61 STAT. 748, PROVIDED THAT AFTER AUGUST 31, 1946, WHEN A MEMBER IS AUTHORIZED TO BE ABSENT IN EXCESS OF THE NUMBER OF DAYS' LEAVE AUTHORIZED BY THE 1946 ACT, HE "SHALL NOT BE ENTITLED TO ANY PAY OR ALLOWANCES DURING SUCH ABSENCE.' SINCE YOU PERFORMED NO MILITARY DUTY DURING YOUR ABSENCE FROM YOUR STATION FROM SEPTEMBER 1, 1946, THROUGH FEBRUARY 8, 1948, YOU WERE IN A LEAVE STATUS DURING THAT PERIOD AND SINCE SUCH LEAVE WAS IN EXCESS OF THE NUMBER OF DAYS' LEAVE AUTHORIZED TO BE GRANTED TO YOU BY THE 1946 ACT, THERE IS NO AUTHORITY OF LAW FOR THE PAYMENT OF ANY PAY AND ALLOWANCES FOR THE PERIOD OF SUCH ABSENCE. YOU WERE PAID FOR THE PERIOD OF LEAVE FROM MARCH 4 TO AUGUST 31, 1946, AND WE HAVE FOUND NOTHING IN THE RECORD WHICH INDICATES THAT YOU HAD ANY UNUSED LEAVE TO YOUR CREDIT ON THE LATTER DATE.