B-116598, JAN 27, 1954

B-116598: Jan 27, 1954

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CUNNINGHAM: REFERENCE IS MADE TO YOUR LETTER OF JULY 17. YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 8. WHILE YOU WERE LESS THAN 14 YEARS OF AGE AND WERE SUBSEQUENTLY DISCHARGED ON JUNE 30. THERE WAS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM. THE RECORD INDICATES THAT YOUR DISCHARGE WAS REVIEWED UNDER THE AUTHORITY OF THE SERVICEMEN'S READJUSTMENT ACT OF 1944. A CERTIFICATE OF HONORABLE DISCHARGE WAS ISSUED BY THE BUREAU OF NAVAL PERSONNEL WITH AN EFFECTIVE DATE OF DISCHARGE AS JUNE 30. IT HAS UNIFORMLY BEEN HELD IN THE CASE OF AN ENLISTED MAN WHO ON ENTRY INTO THE SERVICE CONCEALED OR MISREPRESENTED A MATERIAL FACT DISQUALIFYING HIM FOR ENLISTMENT AND WHO IS DISCHARGED UPON DISCOVERY THEREOF BY THE GOVERNMENT.

B-116598, JAN 27, 1954

PRECIS-UNAVAILABLE

MR. JAMES R. CUNNINGHAM:

REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1953, WITH ENCLOSURES, RELATIVE TO YOUR CLAIM FOR MUSTERING-OUT PAY BELIEVED TO BE DUE YOU AT THE DATE OF YOUR DISCHARGE ON JUNE 30, 1943, AS AN ENLISTED MAN, UNITED STATES NAVAL RESERVE.

YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 8, 1949, NOT BECAUSE THE TIME LIMIT FOR FILING YOUR CLAIM HAD EXPIRED, AS STATED IN YOUR LETTER, BUT FOR THE REASON THAT UNDER THE LAWS AND REGULATIONS IN EFFECT PRIOR TO JULY 1, 1944, A PERSON WHO ENLISTS WHILE UNDER THE MINIMUM STATUTORY OR ADMINISTRATIVE AGE LIMIT, BY FALSELY STATING HIS AGE ON HIS APPLICATION FOR ENLISTMENT, ACCRUES NO RIGHT TO PAY AND ALLOWANCES (INCLUDING MUSTERING-OUT PAY) BY REASON OF SUCH FRAUDULENT ENLISTMENT AND THAT SINCE THE RECORDS DISCLOSE YOU ENLISTED ON NOVEMBER 30, 1942, WHILE YOU WERE LESS THAN 14 YEARS OF AGE AND WERE SUBSEQUENTLY DISCHARGED ON JUNE 30, 1943, BECAUSE OF UNDER AGE, THERE WAS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM.

THE RECORD INDICATES THAT YOUR DISCHARGE WAS REVIEWED UNDER THE AUTHORITY OF THE SERVICEMEN'S READJUSTMENT ACT OF 1944, 58 STAT. 286, AND THAT ON MARCH 5, 1948, A CERTIFICATE OF HONORABLE DISCHARGE WAS ISSUED BY THE BUREAU OF NAVAL PERSONNEL WITH AN EFFECTIVE DATE OF DISCHARGE AS JUNE 30, 1943, BY REASON OF CONVENIENCE OF THE GOVERNMENT.

IT HAS UNIFORMLY BEEN HELD IN THE CASE OF AN ENLISTED MAN WHO ON ENTRY INTO THE SERVICE CONCEALED OR MISREPRESENTED A MATERIAL FACT DISQUALIFYING HIM FOR ENLISTMENT AND WHO IS DISCHARGED UPON DISCOVERY THEREOF BY THE GOVERNMENT, THAT HIS DISCHARGE CONSTITUTES AN AVOIDANCE OF THE CONTRACT OF ENLISTMENT, AND THAT HE IS NOT ENTITLED TO PAY AND ALLOWANCES FOR ANY PERIOD SERVED UNDER THE FRAUDULENT ENLISTMENT.

THEREFORE, THE ISSUANCE TO YOU OF A CERTIFICATE OF HONORABLE DISCHARGE ON MARCH 5, 1948 (EFFECTIVE JUNE 30, 1943), DID NOT CONFOR UPON YOU ANY GREATER RIGHT TO MUSTERING-OUT PAY THAN YOU HAD BEFORE THE ISSUANCE OF SUCH CERTIFICATE. ACCORDINGLY, THE SETTLEMENT OF MARCH 8, 1949, WAS CORRECT AND IS SUSTAINED.

YOUR HONORABLE DISCHARGE CERTIFICATE IS RETURNED HEREWITH.