B-124861, OCT. 3, 1955

B-124861: Oct 3, 1955

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EHLENZ: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 30. WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 28. THE RECORDS SHOW THAT YOU WERE AN ENLISTED MAN IN THE MINNESOTA NATIONAL GUARD FROM JUNE 1. APPARENTLY YOU WERE IN AN INACTIVE STATUS DURING ALL SUCH PERIODS. IT WAS NOT UNTIL THE ENACTMENT OF SECTION 1 OF THE ACT OF SEPTEMBER 7. THAT ENLISTED MEN OF THE ARMED FORCES WERE AUTHORIZED TO COUNT ENLISTED SERVICE IN THE NATIONAL GUARD WHILE NOT IN THE FEDERAL SERVICE.

B-124861, OCT. 3, 1955

TO MR. LAMBERT C. EHLENZ:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 30, 1955, CONCERNING YOUR CLAIM FOR LONGEVITY PAY, WITH INTEREST, FROM FEBRUARY 10 TO NOVEMBER 7, 1941, INCIDENT TO YOUR SERVICE IN THE MINNESOTA NATIONAL GUARD, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 28, 1954, OF OUR CLAIMS DIVISION.

THE RECORDS SHOW THAT YOU WERE AN ENLISTED MAN IN THE MINNESOTA NATIONAL GUARD FROM JUNE 1, 1929, TO MAY 31, 1932; FROM JUNE 16, 1932, TO JUNE 15, 1933; AND FROM APRIL 3, 1934, TO DECEMBER 31, 1942. APPARENTLY YOU WERE IN AN INACTIVE STATUS DURING ALL SUCH PERIODS. DURING THE PERIOD FEBRUARY 10 TO NOVEMBER 7, 1941, YOU SERVED IN THE NATIONAL GUARD OF THE UNITED STATES BY ORDER OF THE PRESIDENT. YOU APPEAR TO BE UNDER THE IMPRESSION THAT A LAW HAS BEEN PASSED AUTHORIZING THE ALLOWANCE OF YOUR CLAIM.

ENLISTED SERVICE IN THE NATIONAL GUARD WHILE NOT IN THE FEDERAL SERVICE COULD NOT BE INCLUDED IN THE COMPUTATION OF LONGEVITY PAY OF ENLISTED MEN FOR ANY PERIOD OF ACTIVE SERVICE PRIOR TO JUNE 1, 1942. 20 COMP. GEN. 136; ID. 750. IT WAS NOT UNTIL THE ENACTMENT OF SECTION 1 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 729, AMENDING SECTIONS 3 AND 9 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 360 AND 363, THAT ENLISTED MEN OF THE ARMED FORCES WERE AUTHORIZED TO COUNT ENLISTED SERVICE IN THE NATIONAL GUARD WHILE NOT IN THE FEDERAL SERVICE, THE AMENDMENT BEING RETROACTIVELY EFFECTIVE TO JUNE 1, 1942. THERE IS NO BASIS FOR ALLOWING YOU ADDITIONAL PAY FOR THE PERIOD ..END :