B-114953, JUN 9, 1953

B-114953: Jun 9, 1953

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HOAG: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19. THERE HAVE BEEN RECEIVED YOUR LETTERS OF MARCH 1 AND APRIL 26. WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT ACTION. THAT YOU WERE DISCHARGED THEREFROM ON MAY 6. IT FURTHER APPEARS THAT YOU WERE ABSENT WITHOUT AUTHORIZED LEAVE FROM JANUARY 7. THAT YOU WERE SENTENCED BY SPECIAL COURT-MARTIAL ORDERS NO. 277. YOU WERE FURNISHED A DETAILED STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD FROM DECEMBER 14. THE CIRCUMSTANCES SURROUNDING YOUR DISCHARGE UNDER THE PROVISIONS OF ARMY REGULATIONS 615- 368 ARE MATTERS ENTIRELY WITHIN THE JURISDICTION OF THE DEPARTMENT OF THE ARMY. YOU ARE ADVISED THAT UNDER THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944.

B-114953, JUN 9, 1953

PRECIS-UNAVAILABLE

MR. WILLIAM J. HOAG:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19, 1952, RECEIVED IN THIS OFFICE BY REFERENCE FROM THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, WHEREIN YOU MAKE CLAIM FOR PAY INCLUDING MUSTERING- OUT PAY BELIEVED TO BE DUE YOU AT THE DATE OF YOUR DISCHARGE MAY 6, 1947, INCIDENT TO YOUR SERVICE AS A PRIVATE, UNITED STATES ARMY. ALSO, THERE HAVE BEEN RECEIVED YOUR LETTERS OF MARCH 1 AND APRIL 26, 1953, CONCERNING THE SAME SUBJECT. SINCE THE CLAIMS DIVISION OF THIS OFFICE IN SETTLEMENT DATED MAY 8, 1950, DISALLOWED A SIMILAR CLAIM FOR PAY FILED BY YOU, YOUR LETTER OF NOVEMBER 19, 1952, WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT ACTION.

IT APPEARS FROM THE RECORDS BEFORE THIS OFFICE THAT YOU ENLISTED IN THE ARMY AIR COPRS ON DECEMBER 14, 1945, AND THAT YOU WERE DISCHARGED THEREFROM ON MAY 6, 1947, AT MITCHEL FIELD, NEW YORK, WITH A DISCHARGE OTHER THAN HONORABLE PURSUANT TO ARMY REGULATIONS 615-368. IT FURTHER APPEARS THAT YOU WERE ABSENT WITHOUT AUTHORIZED LEAVE FROM JANUARY 7, 1946, TO JUNE 2, 1946, AND FROM SEPTEMBER 19, 1946, TO JANUARY 22, 1947, AND THAT YOU WERE SENTENCED BY SPECIAL COURT-MARTIAL ORDERS NO. 277, DATED JULY 24, 1946, TO FORFEIT $50 PAY PER MONTH FOR FIVE MONTHS AND BY SPECIAL COURT-MARTIAL ORDERS NO. 25, DATED JANUARY 29, 1947, TO FORFEIT $50 PER MONTH FOR SIX MONTHS. ALSO, THE RECORD SHOWS THAT YOU HAD PRIOR MILITARY SERVICE FROM AUGUST 17, 1945, TO DECEMBER 13, 1945. IN THE SAID SETTLEMENT OF MAY 8, 1950, SUPRA, YOU WERE FURNISHED A DETAILED STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD FROM DECEMBER 14, 1945, TO MAY 6, 1947. AS SHOWN BY THAT STATEMENT YOUR INDEBTEDNESS TO THE UNITED STATES EXCEEDED THE PAY AND ALLOWANCES WHICH HAD ACCRUED TO YOUR CREDIT AND THAT SUCH INDEBTEDNESS AMOUNTED TO $92. IT APPEARS OBVIOUS THAT THE EXCESS OF DEBITS OVER CREDITS IN YOUR ACCOUNT AROSE PRIMARILY BY REASON OF THE APPROVED COURT-MARTIAL FORFEITURES, PLUS THE FACT THAT NO PAY ACCRUED TO YOU DURING THE PERIODS OF YOUR EXTENDED ABSENCE WITHOUT AUTHORIZED LEAVE. ALSO, ENLISTED MEMBERS SEPARATED FROM ACTIVE SERVICE UNDER CONDITIONS OTHER THAN HONORABLE MAY BE FURNISHED TRANSPORTATION IN KIND ONLY. SEE PARAGRAPH 41C ARMY REGULATIONS 35-4810. MOREOVER, THE CIRCUMSTANCES SURROUNDING YOUR DISCHARGE UNDER THE PROVISIONS OF ARMY REGULATIONS 615- 368 ARE MATTERS ENTIRELY WITHIN THE JURISDICTION OF THE DEPARTMENT OF THE ARMY.

WITH REFERENCE TO YOUR CLAIM FOR MUSTERING-OUT PAY, YOU ARE ADVISED THAT UNDER THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 9, AS AMENDED (38 U.S.C. 691A AND 691C), ONLY MEMBERS OF THE ARMED FORCES WHO ARE DISCHARGED OR RELIEVED FROM ACTIVE DUTY UNDER HONORABLE CONDITIONS ARE ELIGIBLE TO RECEIVE MUSTERING-OUT PAY, AND NO MEMBER SHALL RECEIVE MUSTERING-OUT PAY "MORE THAN ONCE." IN THAT CONNECTION, THE OFFICIAL PAY RECORDS SHOW THAT WHEN YOU WERE DISCHARGED AT CHANUTE FIELD, ILLINOIS, ON DECEMBER 13, 1945 (INCIDENT TO YOUR PRIOR MILITARY SERVICE FROM AUGUST 17 TO DECEMBER 13, 1945), YOU WERE PAID $200 MUSTERING-OUT PAY AS SHOWN ON VOUCHER NO. 16714, DECEMBER 1945 ACCOUNTS OF NORRIS SHEALY. HENCE, SINCE THE MUSTERING-OUT PAYMENT ACT EXPRESSLY PROVIDES THAT NO MEMBER SHALL RECEIVE MUSTERING-OUT PAY MORE THAN ONCE, YOU WERE PRECLUDED FROM RECEIVING AN ADDITIONAL MUSTERING-OUT PAYMENT EVEN IF YOU HAD RECEIVED AN HONORABLE DISCHARGE ON MAY 6, 1947.