B-123986, AUG. 31, 1955

B-123986: Aug 31, 1955

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EDWARD ERVING KLEIN: REFERENCE IS MADE TO YOUR LETTER OF JUNE 1. IT WAS INVOLUNTARILY EXTENDED. THAT YOU WERE ADVANCED TO SHIPFITTER. IT APPEARS TO BE YOUR CONTENTION THAT YOU SHOULD HAVE BEEN PAID A TRAVEL ALLOWANCE FROM NORFOLK. THAT YOU SHOULD HAVE RECEIVED THE PAY OF A SHIPFITTER. YOU SAY THAT IT IS REVEALED ON THE BACK OF YOUR DISCHARGE. A COPY OF WHICH YOU HAVE FURNISHED. THAT YOU ARE ENTITLED TO SUCH PAY. YOUR CLAIM FOR TRAVEL PAY WAS DISALLOWED BECAUSE YOU WERE NOT DISCHARGED FROM THE NAVY ON DECEMBER 15. YOUR CLAIM FOR ADDITIONAL PAY WAS DISALLOWED BECAUSE YOU WERE PROPERLY PAID AT THE RATES APPLICABLE TO THE GRADES HELD BY YOU DURING THE PERIOD FROM DECEMBER 16. THAT ALL MEN WHOSE TERMS OF ENLISTMENT ARE EXTENDED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT SHALL CONTINUE DURING SUCH EXTENSIONS TO BE SUBJECT IN ALL RESPECTS TO THE LAWS AND REGULATIONS FOR THE GOVERNMENT OF THE NAVY: PROVIDED FURTHER.

B-123986, AUG. 31, 1955

TO MR. EDWARD ERVING KLEIN:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 1, 1955, AND PRIOR CORRESPONDENCE IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED MAY 12, 1954, WHICH DISALLOWED YOUR CLAIM FOR AN AMOUNT BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE FROM DECEMBER 16, 1952, TO JANUARY 10, 1945, AS AN ENLISTED MAN IN THE UNITED STATES NAVY.

THE CHIEF OF NAVAL PERSONNEL REPORTED THAT YOUR ENLISTMENT OF DECEMBER 16, 1938, EXPIRED ON DECEMBER 15, 1942, BUT, INASMUCH AS YOU DID NOT VOLUNTARILY REENLIST OR EXTEND YOUR ENLISTMENT, IT WAS INVOLUNTARILY EXTENDED, IN ACCORDANCE WITH THE ACT OF DECEMBER 13, 1951, 55 STAT. 799, FOR A PERIOD NOT LATER THAN SIX MONTHS AFTER TERMINATION OF WAR. THE REPORT OF THE CHIEF OF NAVAL PERSONNEL SHOWS, FURTHER, THAT YOU WERE ADVANCED TO SHIPFITTER, SECOND CLASS, ON JULY 1, 1942; REDUCED TO SHIPFITTER, THIRD CLASS, ON MARCH 10, 1943; REDUCED TO SEAMAN, FIRST CLASS, ON MAY 4, 1944, AND DISCHARGED ON JANUARY 10, 1945.

IT APPEARS TO BE YOUR CONTENTION THAT YOU SHOULD HAVE BEEN PAID A TRAVEL ALLOWANCE FROM NORFOLK, VIRGINIA, TO SAN DIEGO, CALIFORNIA, WHEN YOUR ENLISTMENT EXPIRED ON DECEMBER 15, 1942, AND THAT YOU SHOULD HAVE RECEIVED THE PAY OF A SHIPFITTER, SECOND CLASS, FOR THE ENTIRE PERIOD FROM DECEMBER 16, 1942, TO JANUARY 10, 1945. YOU SAY THAT IT IS REVEALED ON THE BACK OF YOUR DISCHARGE, A COPY OF WHICH YOU HAVE FURNISHED, THAT YOU ARE ENTITLED TO SUCH PAY. YOUR CLAIM FOR TRAVEL PAY WAS DISALLOWED BECAUSE YOU WERE NOT DISCHARGED FROM THE NAVY ON DECEMBER 15, 1942, AND YOUR CLAIM FOR ADDITIONAL PAY WAS DISALLOWED BECAUSE YOU WERE PROPERLY PAID AT THE RATES APPLICABLE TO THE GRADES HELD BY YOU DURING THE PERIOD FROM DECEMBER 16, 1942, TO JANUARY 10, 1945.

SECTION 126 OF THE NATIONAL DEFENSE ACT, 39 STAT. 217, AS AMENDED, AUTHORIZED THE PAYMENT OF A TRAVEL ALLOWANCE AT THE RATE OF FIVE CENTS A MILE TO ENLISTED MEN "DISCHARGED FROM THE ARMY, NAVY, OR MARINE CORPS.' SECTION 1 OF THE ACT OF DECEMBER 13, 1941, PROVIDED---

"THAT IN TIME OF WAR ALL ENLISTMENTS IN THE REGULAR NAVY, MARINE CORPS, AND COAST GUARD, AND IN THE RESERVE COMPONENTS THEREOF AS APPLICABLE, MAY BE EXTENDED BY THE SECRETARY OF THE NAVY FOR SUCH ADDITIONAL TIME AS HE MAY DEEM NECESSARY IN THE INTEREST OF NATIONAL DEFENSE: PROVIDED, THAT ALL MEN WHOSE TERMS OF ENLISTMENT ARE EXTENDED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT SHALL CONTINUE DURING SUCH EXTENSIONS TO BE SUBJECT IN ALL RESPECTS TO THE LAWS AND REGULATIONS FOR THE GOVERNMENT OF THE NAVY: PROVIDED FURTHER, THAT MEN DETAINED IN SERVICE IN ACCORDANCE WITH THIS ACT SHALL, UNLESS THEY VOLUNTARILY EXTEND THEIR ENLISTMENTS, BE DISCHARGED NOT LATER THAN SIX MONTHS AFTER THE TERMINATION OF THE CONDITION WHICH ORIGINALLY AUTHORIZED THEIR DETENTION.'

THE EXTENSION OF YOUR ENLISTMENT WAS NOT SUCH A "DISCHARGE FROM THE NAVY" WITHIN THE MEANING OF SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AS WOULD ENTITLE YOU TO A TRAVEL ALLOWANCE UNDER THE PROVISIONS OF THAT ACT.

THE COPY OF YOUR DISCHARGE HAS BEEN EXAMINED BUT NOTHING WAS FOUND TO SHOW THAT YOUR STATUS WAS SUCH THAT YOU SHOULD HAVE BEEN PAID AS A SHIPFITTER, SECOND CLASS, FOR THE ENTIRE PERIOD FROM DECEMBER 16, 1942, TO JANUARY 10, 1945. IT SHOWS THAT YOU WERE ENLISTED AS SEAMAN, FIRST CLASS, ON DECEMBER 16, 1938, WHICH RATING YOU HELD AT DATE OF DISCHARGE, JANUARY 10, 1945, AND THAT BETWEEN THOSE DATES YOU HELD THE RATINGS OF SEAMAN, FIRST CLASS; SHIPFITTER, SECOND CLASS; AND SHIPFITTER, THIRD CLASS.

WE DO NOT MAINTAIN SERVICE RECORDS OF NAVAL PERSONNEL BUT MUST RELY ON THE CHIEF OF NAVAL PERSONNEL, THE OFFICIAL CUSTODIAN OF SUCH RECORDS, FOR INFORMATION CONCERNING THEM. AS THAT OFFICIAL HAS REPORTED THAT YOU WERE A SHIPFITTER, THIRD CLASS, FROM MARCH 10, 1943, TO MAY 3, 1944, AND A SEAMAN, FIRST CLASS, FROM MAY 4, 1944, TO JANUARY 10, 1945, THIS OFFICE IS NOT AUTHORIZED TO PAY YOU MORE THAN THE PAY OF SUCH RATINGS FOR THE PERIODS INVOLVED.

THE SETTLEMENT OF MAY 12, 1954, CORRECTLY DISALLOWED YOUR CLAIM FOR ADDITIONAL PAY AND FOR TRAVEL ALLOWANCE.

A FILE OF CORRESPONDENCE WHICH DOES NOT PERTAIN TO THAT CLAIM IS RETURNED.