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B-119805, JUN. 4, 1962

B-119805 Jun 04, 1962
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BUCKLEY: REFERENCE IS MADE TO OUR DECISION TO YOU. WHICH YOU HAVE RETURNED WITH A CERTIFICATE OF DISCHARGE FROM THE NATIONAL GUARD OF THE UNITED STATES AND OF THE STATE OF NEBRASKA. STATED THAT A REPORT FROM THE DEPARTMENT OF THE ARMY IS TO THE EFFECT THAT YOU SERVED AS A MEMBER OF THE NEBRASKA NATIONAL GUARD FROM JULY 27. WHICH YOU HAVE FURNISHED SHOWS YOU ENLISTED JULY 27. WERE HONORABLY DISCHARGED AS PRIVATE. IT IS TO BE NOTED. THAT THIS DATE WAS AFTER YOUR REENLISTMENT ON AUGUST 1. AT WHICH TIME YOU WERE SERVING UNDER THAT ENLISTMENT FOR ONE YEAR. IT WOULD SEEM APPARENT THAT THE DATE SHOWN ON THE CERTIFICATE WAS NOT INTENDED TO REFLECT THE DATE YOUR ENLISTMENT OF 1924 TERMINATED.

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B-119805, JUN. 4, 1962

MR. RALPH M. BUCKLEY:

REFERENCE IS MADE TO OUR DECISION TO YOU, B-119805, DATED MAY 11, 1962, WHICH YOU HAVE RETURNED WITH A CERTIFICATE OF DISCHARGE FROM THE NATIONAL GUARD OF THE UNITED STATES AND OF THE STATE OF NEBRASKA, DATED AUGUST 3, 1928, TO SUBSTANTIATE YOUR CLAIM FOR ADDITIONAL LONGEVITY PAY ON THE BASIS THAT YOU SERVED WITH THE NEBRASKA NATIONAL GUARD FROM JULY 27, 1927, TO JULY 31, 1928. ALSO THERE HAS BEEN RECEIVED YOUR LETTER DATED MAY 15, 1962, AND A CERTIFICATE OF YOUR SERVICE IN THE NEBRASKA NATIONAL GUARD PREPARED BY THE ADJUTANT GENERAL'S OFFICE, STATE OF NEBRASKA, ON MAY 16, 1962.

OUR DECISION OF MAY 11, 1962, STATED THAT A REPORT FROM THE DEPARTMENT OF THE ARMY IS TO THE EFFECT THAT YOU SERVED AS A MEMBER OF THE NEBRASKA NATIONAL GUARD FROM JULY 27, 1924, TO JULY 26, 1927, AND FROM AUGUST 1, 1928, TO JULY 31, 1929, FOR A TOTAL OF FOUR YEARS. WE STATED FURTHER THAT WE HAD NO RECORD OF SERVICE FOR THE PERIOD JULY 27, 1927, TO JULY 31, 1928, AND WE HELD THAT IN THE ABSENCE OF EVIDENCE TO SUBSTANTIATE YOUR STATEMENT WITH RESPECT TO THE ADDITIONAL SERVICE YOU CLAIM FOR THAT PERIOD, WE MUST RELY ON THE OFFICIAL RECORDS WITH RESPECT TO YOUR SERVICE AS REPORTED BY THE DEPARTMENT OF THE ARMY.

THE CERTIFICATE OF DISCHARGE FROM THE NEBRASKA NATIONAL GUARD DATED AUGUST 3, 1928, WHICH YOU HAVE FURNISHED SHOWS YOU ENLISTED JULY 27, 1924, AND WERE HONORABLY DISCHARGED AS PRIVATE, 166 HOSPITAL CO., 110 MED. REGT., BY REASON OF EXPIRATION OF ENLISTMENT. THE DISCHARGE CERTIFICATE DOES NOT SHOW THE PERIOD FOR WHICH YOU ENLISTED OR THE DATE THE ENLISTMENT EXPIRED EXCEPT AS IT MAY BE IMPLIED THAT IT EXPIRED ON AUGUST 3, 1928, THE DATE SHOWN ON THE CERTIFICATE. IT IS TO BE NOTED, HOWEVER, THAT THIS DATE WAS AFTER YOUR REENLISTMENT ON AUGUST 1, 1928, AT WHICH TIME YOU WERE SERVING UNDER THAT ENLISTMENT FOR ONE YEAR. HENCE, IT WOULD SEEM APPARENT THAT THE DATE SHOWN ON THE CERTIFICATE WAS NOT INTENDED TO REFLECT THE DATE YOUR ENLISTMENT OF 1924 TERMINATED. WHILE THE DATE OF A DISCHARGE CERTIFICATE GENERALLY CORRESPONDS WITH THE DATE THE MEMBER'S TERM OF SERVICE TERMINATES AND HE IS RELEASED FROM DUTY, THAT IS NOT ALWAYS THE CASE AND, FOR VARIOUS REASONS, THE CERTIFICATE MAY BE DATED AFTER THE TERM OF SERVICE HAS EXPIRED. IN SUCH CASES THE TERM OF SERVICE IS NOT AUTOMATICALLY EXTENDED TO THE DATE SHOWN ON THE CERTIFICATE. FURTHERMORE, THE CERTIFICATE OF SERVICE PREPARED MAY 16, 1962, BY THE ADJUTANT GENERAL'S OFFICE OF THE STATE OF NEBRASKA SHOWS THAT YOU ENLISTED JULY 27, 1924, AND WERE DISCHARGED JULY 26, 1927, BY REASON OF EXPIRATION OF TERM OF SERVICE AND THAT YOU ENLISTED AGAIN AUGUST 1, 1928, FOR ONE YEAR AND WERE DISCHARGED JULY 31, 1929. THIS AGREES WITH THE REPORT FROM THE DEPARTMENT OF THE ARMY REGARDING YOUR SERVICE.

WITH RESPECT TO YOUR STATEMENT THAT ENLISTMENTS WERE FOR FOUR YEARS WHEN YOU ENLISTED IN 1924, YOU ARE ADVISED THAT SECTION 4 OF THE ACT OF JUNE 6, 1924, 43 STAT. 470, WHICH AMENDED SECTION 69 OF THE NATIONAL DEFENSE ACT OF 1916, 41 STAT. 781, PROVIDED AS FOLLOWS:

"SEC. 69. ORIGINAL ENLISTMENTS IN THE NATIONAL GUARD SHALL BE FOR A PERIOD OF THREE YEARS, AND SUBSEQUENT ENLISTMENTS FOR PERIODS OF ONE YEAR OR THREE YEARS EACH.'

REGULATIONS GOVERNING ENLISTMENTS IN EFFECT AT THAT TIME WERE CONTAINED IN PARAGRAPH 317 OF THE NATIONAL GUARD REGULATIONS OF 1922 AND EFFECTIVE DECEMBER 31, 1924, IN PARAGRAPH 24, NATIONAL GUARD REGULATIONS NO. 3. THESE REGULATIONS SET OUT THE PROVISIONS OF SECTION 69 OF THE NATIONAL DEFENSE ACT OF 1916, AS AMENDED, AS QUOTED ABOVE. THUS AT THE TIME INVOLVED THERE APPARENTLY WOULD HAVE BEEN NO AUTHORITY FOR YOU TO HAVE ENLISTED FOR FOUR YEARS.

THE RECORD BEFORE US DOES NOT DISCLOSE THE REASON WHY YOUR DISCHARGE CERTIFICATE WAS DATED AUGUST 3, 1928. HOWEVER, YOU HAVE BEEN PROPERLY PAID ON THE BASIS OF YOUR SERVICE AS OFFICIALLY REPORTED BY BOTH THE DEPARTMENT OF THE ARMY AND THE ADJUTANT GENERAL'S OFFICE OF THE STATE OF NEBRASKA. IN CASES OF THIS NATURE WE NECESSARILY MUST RELY ON SUCH REPORTS SINCE THESE OFFICES HAVE OFFICIAL CUSTODY OF YOUR SERVICE RECORDS AND, FOR THE REASONS STATED ABOVE, YOUR DISCHARGE CERTIFICATE PROVIDES NO BASIS TO ALLOW AN ADDITIONAL SERVICE CREDIT FOR LONGEVITY PAY PURPOSES. THEREFORE, OUR DECISION OF MAY 11, 1962, IS AFFIRMED.

WE ARE RETURNING THE DISCHARGE CERTIFICATE AND THE ORIGINAL CERTIFICATE OF SERVICE FOR YOUR RECORDS. ALSO A COPY OF OUR DECISION OF MAY 11, 1962, IS ENCLOSED.

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