B-123307, JAN. 23, 1956

B-123307, JAN. 23, 1956

TO MAJOR DONALD S. BECKWITH, AUS, RETIRED:

REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 6 AND JUNE 11, 1955, FURTHER CONCERNING YOUR CLAIM FOR AMOUNTS BELIEVED DUE YOU INCIDENT TO YOUR ARMY SERVICE. YOUR CLAIM WAS REFERRED HERE BY THE SETTLEMENTS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, WITH A REPORT DATED OCTOBER 18, 1954. IT WAS INDICATED THAT THERE WAS DUE YOU THE SUM OF $1,414.80, COMPOSED OF PAY AND ALLOWANCES FOR 60 DAYS OF ACCRUED LEAVE AS A MAJOR WITH OVER 27 YEARS OF SERVICE, NOT PAID AT TIME OF DISCHARGE, DECEMBER 31, 1949, $1,320, AND SEPARATION RATIONS, AT $1.20 A DAY, FROM FEBRUARY 28, TO MAY 16, 1952, $94.80. THERE WERE SHOWN FOR DEDUCTION $184.68 AS WITHHOLDING TAX AND $300 AS ERRONEOUS PAYMENT OF REENLISTMENT ALLOWANCE, JANUARY 1, 1950. THE NET AMOUNT OF $930.12 WAS PAID TO YOU BY CHECK NO. 26,770,766, DATED DECEMBER 28, 1954, DRAWN BY J. F. CANNON, CHIEF DISBURSING OFFICER, TREASURY DEPARTMENT. YOU STATE THAT YOU BELIEVE THE DEDUCTION OF $300 IS IN ERROR AS YOU RECALL REGULATIONS IN EFFECT IN JANUARY 1950 AUTHORIZED THE PAYMENT OF AN ENLISTMENT ALLOWANCE, AND, FURTHER, THAT YOU WERE NOT PAID THE FULL SUM OF $300 AS 15 PERCENT, OR $45, WAS WITHHELD FOR INCOME TAX DEDUCTION, SO YOU RECEIVED ONLY $255.

IN VIEW OF YOUR REQUEST FOR RECONSIDERATION, A STATEMENT OF YOUR SERVICE WAS OBTAINED FROM THE ADJUTANT GENERAL OF THE ARMY. HIS REPORT GAVE THE FOLLOWING INFORMATION. YOU SERVED AS AN ENLISTED MAN IN THE UNITED STATES MARINE CORPS FROM NOVEMBER 9, 1918, TO AUGUST 30, 1919, AND IN THE WISCONSIN NATIONAL GUARD FROM DECEMBER 4, 1922, TO JANUARY 24, 1923. YOU SERVED AS SECOND LIEUTENANT IN THE WISCONSIN NATIONAL GUARD FROM JANUARY 25, 1923, TO NOVEMBER 2, 1924, WHEN YOU TRANSFERRED TO THE WISCONSIN NATIONAL GUARD RESERVE. YOU WERE APPOINTED SECOND LIEUTENANT, ORC, ON OCTOBER 28, 1924, AND ACCEPTED ON NOVEMBER 3, 1924. YOUR STATUS AS SECOND LIEUTENANT, WISCONSIN NATIONAL GUARD RESERVE, TERMINATED ON DECEMBER 31, 1928, AND YOUR APPOINTMENT AS SECOND LIEUTENANT, ORC,TERMINATED ON OCTOBER 27, 1929, BY REASON OF EXPIRATION OF THE 5-YEAR PERIOD FOR WHICH IT WAS GRANTED. YOU WERE APPOINTED SECOND LIEUTENANT, ORC, ON MAY 26, 1932, AND ACCEPTED ON JUNE 4, 1932. YOU WERE REAPPOINTED SECOND LIEUTENANT, ORC, ON MAY 26, 1937, AND ACCEPTED ON THE SAME DATE. ON APRIL 17, 1940, YOU WERE APPOINTED FIRST LIEUTENANT, ORC, AND ACCEPTED APRIL 23, 1940. YOU WERE PROMOTED TO CAPTAIN, AUS, ON JANUARY 6, 1943, AND MAJOR, AUS, ON OCTOBER 1, 1946. YOU WERE APPOINTED MAJOR, ORC, ON JANUARY 27, 1948, AND ACCEPTED ON FEBRUARY 5, 1948, AND WERE APPOINTED LIEUTENANT COLONEL, ORC, ON JANUARY 10, 1952, AND ACCEPTED ON JANUARY 14, 1952. YOU HAD ACTIVE COMMISSIONED SERVICE FROM JULY 23 TO AUGUST 5, 1932, FROM JULY 19 TO AUGUST 1, 1935, AND FROM MARCH 2, 1942, TO DECEMBER 31, 1949. YOU ENLISTED IN THE REGULAR ARMY ON JANUARY 1, 1950; WERE DISCHARGED ON SEPTEMBER 13, 1950; REENLISTED ON SEPTEMBER 14, 1950; AND SERVED AS AN ENLISTED MAN FROM JANUARY 1, 1950, TO MAY 31, 1954, WHEN YOU WERE HONORABLY DISCHARGED AS MASTER SERGEANT, REGULAR ARMY, AND RETIRED IN THE GRADE OF MAJOR BY REASON OF PHYSICAL DISABILITY. THESE ARE THE FACTS REPORTED BY THE ADJUTANT GENERAL. AS HE IS THE OFFICIAL CUSTODIAN OF THE PERSONNEL RECORDS OF OF OFFICERS AND ENLISTED MEN OF THE ARMY, OUR OFFICE MUST RELY ON THE FACTS SO REPORTED. IF YOU HAVE ANY SUBSTANTIAL REASON TO BELIEVE THE FACTS HAVE NOT BEEN CORRECTLY REPORTED, THE MATTER SHOULD BE TAKEN UP WITH THAT OFFICIAL.

ON THE BASIS OF THE REPORT OF THE ADJUSTANT GENERAL, IT APPEARS THAT YOU HAD NO SERVICE FROM OCTOBER 28, 1929, TO JUNE 3, 1932, AND THAT FOR PAY PURPOSES YOU COMPLETED 18 YEARS OF SERVICE ON SEPTEMBER 17, 1942; 21 YEARS OF SERVICE ON SEPTEMBER 17, 1945; 23 YEARS OF SERVICE ON SEPTEMBER 17, 1947; 24 YEARS OF SERVICE ON SEPTEMBER 17, 1948; 26 YEARS OF SERVICE ON SEPTEMBER 17, 1950; AND 28 YEARS OF SERVICE ON SEPTEMBER 17, 1952. IN THE EXAMINATION OF YOUR ACCOUNT IT HAS BEEN FOUND THAT YOU WERE NOT PAID ON THE BASIS OF SERVICE AS REPORTED BY THE ADJUTANT GENERAL AND THAT BECAUSE OF THE APPARENT ERRONEOUS SERVICE COMPUTATION, FOR THE PERIOD ENDING SEPTEMBER 17, 1950, YOU WERE OVERPAID IN THE AMOUNT OF $2,165.09, COMPUTED AS FOLLOWS:

* * * * * * * * * * * * * * (TABLE OMITTED) * * * * * * * * * * * * * *

THERE IS ALSO DISCREPANCY BETWEEN THE AMOUNT PAID TO YOU FOR UNUSED LEAVE ON MAY 31, 1954, AND THE AMOUNT AUTHORIZED FOR THAT PURPOSE. IT HAS BEEN ASCERTAINED THAT IN ORDERS DATED FEBRUARY 27, 1952, IT WAS PROVIDED THAT YOU, HAVING APPEARED BEFORE A PHYSICAL EVALUATION BOARD AND RECOMMENDED FOR SEPARATION FROM THE MILITARY SERVICE, WERE RELIEVED FROM DETACHED SERVICE WITH HEADQUARTERS AND HEADQUARTERS DETACHMENT NO. 2, 5012 ARMY SERVICE UNIT, FORT SHERIDAN, ILLINOIS, AND PLACED ON DETACHED SERVICE, EFFECTIVE FEBRUARY 28, 1952, AT YOUR HOME, 2313 WEST CONGRESS STREET, MILWAUKEE, WISCONSIN. BY ORDERS DATED MAY 16, 1952, YOU WERE RELIEVED FROM SUCH DETACHED SERVICE AND DIRECTED TO PROCEED TO 5011 ARMY SERVICE UNIT, CAMP MCCOY, WISCONSIN, REPORTING THERE PRIOR TO 2400 HOURS MAY 20, 1952. OUR OFFICE HAS HELD THAT UNDER SUCH CIRCUMSTANCES THE MEMBER IS IN A STATUS OF AUTHORIZED ABSENCE FROM DUTY AWAITING FURTHER ORDERS IN CONNECTION WITH THE DISABILITY RETIREMENT PROCEEDINGS IN HIS CASE, AND THAT THE PERIOD SPENT AT HOME OR ELSEWHERE IS REQUIRED TO BE CHARGED AGAINST THE MEMBER'S LEAVE BALANCE TO THE EXTENT POSSIBLE. IT ALSO HAS BEEN HELD THAT THE MEMBER, UNLESS SPECIFICALLY GRANTED LEAVE IN HIS ORDERS, IS NOT ENTITLED TO A CREDIT OF LEAVE RATIONS FOR THE PERIOD SO CHARGEABLE AGAINST LEAVE; AND THAT HIS RIGHT TO BASIC ALLOWANCE FOR SUBSISTENCE IN THE AMOUNT AND UNDER THE CONDITIONS PRESCRIBED IN SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, WOULD BE GOVERNED BY THE CIRCUMSTANCES AT THE LOCATION TO WHICH THE MEMBER WAS DIRECTED TO PROCEED. SEE 31 COMP. GEN. 678, AND, ALSO, 32 COMP. GEN. 348.

AS INDICATED IN THE ABOVE STATEMENT, YOU WERE CREDITED WITH PAY FOR THE 60 DAYS OF LEAVE TO YOUR CREDIT ON DECEMBER 31, 1949, FOR THE PERIOD FROM JANUARY 1, 1950, TO JUNE 30, 1951, YOUR LEAVE ACCRUED IN THE AMOUNT OF 45 DAYS; YOU WERE ON LEAVE DURING THE 5-DAY PERIOD FROM JANUARY 28 TO FEBRUARY 1, 1950, AND FOR THE 29-DAY PERIOD FROM MAY 28 TO JUNE 25, 1951, LEAVING A BALANCE OF 11 DAYS. FOR THE PERIOD FROM JULY 1, 1951, ON MAY 16, 1952, YOUR LEAVE ACCRUED IN THE AMOUNT OF 27 DAYS; THUS, YOU HAD A BALANCE OF 38 DAYS WHICH WAS FOR APPLICATION AGAINST THE ABSENCE OF 79 DAYS FROM FEBRUARY 28 TO MAY 16, 1952. THEREAFTER, YOUR LEAVE ACCRUED IN THE AMOUNT OF 61 DAYS AS FOLLOWS: MAY 17 TO JUNE 30, 1952, 3 DAYS; JULY 1, 1952, TO JUNE 30, 1953, 30 DAYS; AND JULY 1, 1953, TO MAY 31, 1954, 28 DAYS. DURING SUCH PERIOD YOU WERE ABSENT 52 DAYS AS FOLLOWS: MAY 21 TO 30, 1952, 10 DAYS; JUNE 11 TO 30, 1952, 20 DAYS; AUGUST 25 TO 29, 1952, 5 DAYS; NOVEMBER 24 TO 28, 1952, 5 DAYS; AND MARCH 29 TO APRIL 9, 1954, 12 DAYS. THUS, AT THE TIME OF YOUR SEPARATION FROM THE SERVICE ON MAY 31, 1954, YOU HAD 9 DAYS OF UNUSED ACCRUED LEAVE AMOUNTING TO $ 109.28. HOWEVER, YOU WERE PAID FOR 60 DAYS OF UNUSED ACCRUED LEAVE AS OF MAY 31, 1954, (PAY OF $305.76 A MONTH, SUBSISTENCE ALLOWANCE OF $0.70 A DAY AND QUARTERS ALLOWANCE $1.25 A DAY) IN THE AMOUNT OF $728.52, RESULTING IN AN OVERPAYMENT OF $619.24.

YOU WERE PAID LEAVE RATIONS AT THE RATE OF $1.20 A DAY FOR THE PERIOD FROM FEBRUARY 28 TO MAY 16, 1952, IN THE AMOUNT OF $94.80. HOWEVER, SINCE YOU WERE NOT GRANTED LEAVE DURING THAT PERIOD, YOU SHOULD HAVE BEEN PAID BASIC ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $2.25 A DAY FROM FEBRUARY 28 TO APRIL 30, 1952, AND AT A RATE OF $2.57 A DAY FROM MAY 1 TO 16, 1952, IN THE AMOUNT OF $182.87, AN UNDERPAYMENT OF $88.07. YOU WERE CREDITED WITH BASIC ALLOWANCES FOR SUBSISTENCE AT THE RATE OF $2.25 A DAY FROM MAY 28, TO JUNE 25, 1951, AND AT THE RATE OF $2.57 A DAY FROM JUNE 11 TO 30, 1952. SINCE YOU WERE ON LEAVE DURING THOSE PERIODS YOU SHOULD HAVE BEEN CREDITED WITH LEAVE RATIONS OF $1.05 A DAY FROM MAY 28 TO JUNE 25, 1951, AND AT THE RATE OF $1.20 A DAY FROM JUNE 11 TO 30, 1952, AN OVERPAYMENT OF $ 62.20.

EFFECTIVE OCTOBER 1, 1949, PAYMENT OF THE REENLISTMENT BONUS TO MEMBERS OF THE UNIFORMED SERVICES WAS GOVERNED BY SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, WHICH PROVIDES:

"/A) MEMBERS OF THE UNIFORMED SERVICES WHO ENLIST UNDER THE CONDITIONS SET FORTH IN SUBSECTION (B) OF THIS SECTION WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE OR SEPARATION, OR WITHIN SUCH LESSER PERIOD OF TIME AS THE SECRETARY CONCERNED MAY DETERMINE FROM TIME TO TIME, SHALL BE PAID A LUMP SUM REENLISTMENT BONUS OF $40, $90, $160, $250, OR $360 UPON ENLISTMENT FOR A PERIOD OF TWO, THREE, FOUR, FIVE, OR SIX YEARS, RESPECTIVELY; AND, UPON ENLISTMENT FOR AN UNSPECIFIED PERIOD OF TIME AMOUNTING TO MORE THAN SIX YEARS A LUMP SUM REENLISTMENT BONUS OF $360 SHALL BE PAID, AND, UPON THE COMPLETION OF SIX YEARS' ENLISTED SERVICE IN SUCH ENLISTMENT, FOR EACH YEAR THEREAFTER A LUMP SUM PAYMENT OF $60 SHALL BE MADE, SUBJECT TO THE LIMITATION THAT THE TOTAL AMOUNT PAID SHALL NOT EXCEED $1,440. NO REENLISTMENT BONUS SHALL BE PAID FOR MORE THAN FOUR ENLISTMENTS ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SECTION: PROVIDED, THAT THE BONUS TO BE PAID IN THE CASE OF A PERSON REENLISTING FOR A PERIOD WHICH WOULD EXTEND THE LENGTH OF HIS ACTIVE FEDERAL SERVICE BEYOND THIRTY YEARS SHALL BE COMPUTED AS IF SAID REENLISTMENT WERE FOR THE MINIMUM NUMBER OF YEARS NECESSARY TO PERMIT SUCH PERSON TO COMPLETE THIRTY YEARS' ACTIVE FEDERAL SERVICE.

"/B) FOR THE PURPOSE OF PAYMENT OF THE REENLISTMENT BONUS AUTHORIZED BY SUBSECTION (A) OF THIS SECTION, ENLISTMENT IN ONE OF THE REGULAR SERVICES FOLLOWING (1) COMPULSORY OR VOLUNTARY ACTIVE DUTY IN SUCH SERVICE, OR (2) EXTENDED ACTIVE DUTY OF ONE YEAR OR MORE IN A RESERVE COMPONENT OF SUCH SERVICE, SHALL BE CONSIDERED A REENLISTMENT.

"/C) ENLISTED PERSONS OF THE UNIFORMED SERVICES, WHO, PRIOR TO EXPIRATION OF THE PERIOD FOR WHICH THEY HAVE REENLISTED, EXTEND THEIR REENLISTMENT TO ANY ONE OF THE LONGER ENLISTMENT PERIODS MENTIONED IN SUBSECTION (A) OF THIS SECTION, SHALL BE PAID THE SUM OF $20 FOR EACH YEAR OF SUCH EXTENSION SUBJECT TO THE LIMITATION CONTAINED IN SUBSECTION (A) OF THIS SECTION.

"/D) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION, A MEMBER OF THE UNIFORMED SERVICES WHO REENLISTS WITHIN THREE MONTHS AFTER BEING DISCHARGED FROM THE ENLISTMENT ENTERED INTO PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR WHO REENLISTS WITHIN THREE MONTHS AFTER BEING RELIEVED FROM ACTIVE SERVICE AS A COMMISSIONED OFFICER OR WARRANT OFFICER UNDER APPOINTMENT MADE PRIOR TO THE DATE OF ENACTMENT OF THIS ACT IF SUCH COMMISSIONED OR WARRANT SERVICE IMMEDIATELY FOLLOWED ENLISTED SERVICE, SHALL BE ENTITLED TO RECEIVE EITHER (1) ENLISTMENT ALLOWANCES IN THE AMOUNT AND UNDER THE PROVISIONS OF LAW IN EFFECT IMMEDIATELY PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, OR (2) REENLISTMENT BONUS IN THE AMOUNT AND UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER IS THE GREATER AMOUNT: PROVIDED, THAT THE ENLISTMENT ALLOWANCE PAYABLE UNDER (1) HEREUNDER SHALL IN NO EVENT EXCEED $300.

"/E) THE SECRETARY CONCERNED SHALL PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION IN HIS DEPARTMENT.'

IT APPEARS THAT WHEN YOU ENLISTED IN THE REGULAR ARMY ON JANUARY 1, 1950, FOR A PERIOD OF THREE YEARS YOU WERE PAID AN ENLISTMENT ALLOWANCE OF $300 UNDER THE PROVISIONS OF SUBSECTION 207 (D) (1). SUCH PAYMENT WAS NOT PROPER AS YOUR ACTIVE COMMISSIONED SERVICE FROM MARCH 2, 1942, TO DECEMBER 31, 1949, DID NOT IMMEDIATELY FOLLOW ENLISTED SERVICE. YOU SHOULD HAVE BEEN PAID THE SUM OF $90, HOWEVER, AS A LUMP SUM REENLISTMENT BONUS UPON ENLISTMENT FOR A PERIOD OF THREE YEARS. YOU REENLISTED IN THE REGULAR ARMY ON SEPTEMBER 14, 1950, FOR AN INDEFINITE PERIOD AND WERE PAID A REENLISTMENT BONUS OF $360. SUCH PAYMENT WAS NOT PROPER AS YOU HAD ALREADY ENLISTED ON JANUARY 1, 1950, 9 MONTHS AND 17 DAYS TO COMPLETE 30 YEARS OF SERVICE. YOU SHOULD HAVE BEEN PAID ONLY A LUMP-SUM REENLISTMENT BONUS OF $40 UPON ENLISTMENT FOR A PERIOD OF TWO YEARS, THE MINIMUM NUMBER OF YEARS REQUIRED TO COMPLETE 30 YEARS OF SERVICE.

A SUMMATION OF THE VARIOUS CREDITS AND CHARGES WHICH ARE FOR CONSIDERATION IN CORRECTLY ADJUSTING YOUR PAY ACCOUNT FOR THE PERIOD INVOLVED IS AS FOLLOWS:

CHART

CREDITS REENLISTMENT BONUS, JANUARY 1, 1950 $90.00 ERRONEOUS DEDUCTION OF CLASS N

ALLOTMENT (ADVANCE PAYMENT),

JANUARY 1950 33.80 REENLISTMENT BONUS, SEPTEMBER 14,

1950 40.00 UNDERPAYMENT OF BASIC ALLOWANCE

FOR SUBSISTENCE, FEBRUARY 28 TO MAY 16, 1952 88.07 $ 251.87

DEBITS OVERPAYMENT OF PAY AND

ALLOWANCES AS SHOWN IN

ABOVE STATEMENT $2,165.09 OVERPAYMENT FOR ACCRUED LEAVE

ON DISCHARGE, MAY 31, 1954 619.24 REENLISTMENT BONUS, SEPTEMBER

14, 1950 360.00 OVERPAYMENT OF BASIC

ALLOWANCE FOR SUBSISTENCE,

FROM MAY 28 TO JUNE 25, 1951, AND FROM JUNE

11 TO 30, 1952 62.20 $3,206.53 NET AMOUNT OVERPAID

$2,954.66

IMMEDIATE STEPS SHOULD BE TAKEN TO MAKE PAYMENT OF THIS INDEBTEDNESS OR TO SUBMIT AN ACCEPTABLE PLAN FOR ITS FINAL SETTLEMENT BY INSTALLMENTS IN ORDER THAT FURTHER COLLECTION ACTION BY US WILL NOT BE NECESSARY.

IT APPEARS THAT ALL WITHHOLDING TAX DEDUCTIONS MADE BY THE GOVERNMENT IN YOUR CASE HAVE BEEN DEPOSITED WITH THE INTERNAL REVENUE SERVICE. THIS OFFICE IS NOT AUTHORIZED TO MAKE REFUND OF ANY AMOUNT SO WITHHELD AND IF YOU WISH TO MAKE CLAIM FOR REFUND OF ANY AMOUNT BELIEVED TO HAVE BEEN ERRONEOUSLY WITHHELD, THE CLAIM SHOULD BE FILED WITH THE COMMISSIONER OF INTERNAL REVENUE, WASHINGTON 25, D.C. ..END :