B-125313, DEC. 14, 1955

B-125313: Dec 14, 1955

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NANCE: REFERENCE IS MADE TO YOUR LETTER POSTMARKED FEBRUARY 21. IN YOUR LETTER YOU SAY THAT YOU BELIEVE THAT YOU ARE ENTITLED TO CONSIDERABLY MORE THAN THE $48.58 WHICH THE ARMY FINANCE DIVISION ADVISED WOULD BE ALLOWED TO YOU. THE AMOUNT OF $48.58 WAS ALLOWED TO YOU ON FEBRUARY 21. IT IS ASSUMED YOU HAVE RECEIVED A CHECK IN THAT SUM. THAT YOU WERE PROMOTED FROM RECRUIT TO PRIVATE ON JUNE 17. THAT YOU WERE REDUCED TO RECRUIT ON DATE OF DISCHARGE. WERE DISCHARGED ON OCTOBER 5. YOUR DISCHARGE WAS SUBSEQUENTLY REVIEWED BY AN ARMY DISCHARGE REVIEW BOARD AND UPON ITS FINDINGS AND DETERMINATIONS. THIS WAS ACCOMPLISHED ON FEBRUARY 16. PAY IN THE AMOUNT OF $59.25 WAS WITHHELD. IT WAS THIS AMOUNT.

B-125313, DEC. 14, 1955

TO MR. JAMES R. NANCE:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED FEBRUARY 21, 1955, WITH ENCLOSURES, CONCERNING YOUR CLAIM FOR ARREARS OF PAY DUE AT THE DATE OF YOUR DISCHARGE FROM THE UNITED STATES ARMY. IN YOUR LETTER YOU SAY THAT YOU BELIEVE THAT YOU ARE ENTITLED TO CONSIDERABLY MORE THAN THE $48.58 WHICH THE ARMY FINANCE DIVISION ADVISED WOULD BE ALLOWED TO YOU. THE AMOUNT OF $48.58 WAS ALLOWED TO YOU ON FEBRUARY 21, 1955, AND IT IS ASSUMED YOU HAVE RECEIVED A CHECK IN THAT SUM.

A SUBSTANTIAL PART OF THE DELAY IN REPLYING TO YOUR LETTER HAS BEEN OCCASIONED BY A DELAY IN THE RECEIPT OF YOUR PAY RECORDS.

THE RECORD SHOWS THAT YOU ENLISTED IN THE UNITED STATES ARMY ON JANUARY 26, 1949, FOR A PERIOD OF THREE YEARS; THAT YOU WERE PROMOTED FROM RECRUIT TO PRIVATE ON JUNE 17, 1949, AND THAT YOU WERE REDUCED TO RECRUIT ON DATE OF DISCHARGE. YOU DEPARTED THE UNITED STATES FOR FOREIGN SERVICE ON MAY 4, 1949, RETURNING TO THE UNITED STATES ON SEPTEMBER 29, 1949, AND WERE DISCHARGED ON OCTOBER 5, 1949, AS UNDESIRABLE UNDER ARMY REGULATION 615- 366, BECAUSE OF FRAUDULENT ENTRY INTO THE ARMY BY CONCEALMENT OF MATERIAL FACTS. YOUR DISCHARGE WAS SUBSEQUENTLY REVIEWED BY AN ARMY DISCHARGE REVIEW BOARD AND UPON ITS FINDINGS AND DETERMINATIONS, THE SECRETARY OF THE ARMY, ON JANUARY 30, 1950, DIRECTED THAT YOUR SERVICE RECORD BE CORRECTED TO SHOW NO FRAUDULENT ENTRY INTO THE SERVICE AND AN HONORABLE DISCHARGE CERTIFICATE BE ISSUED TO YOU. THIS WAS ACCOMPLISHED ON FEBRUARY 16, 1950.

AT THE TIME OF YOUR ACTUAL DISCHARGE ON OCTOBER 5, 1949, PAY IN THE AMOUNT OF $59.25 WAS WITHHELD, AND IT WAS THIS AMOUNT, LESS $10.67 FOR WITHHOLDING TAXES, THAT WAS ALLOWED AND PAID TO YOU UPON THE CORRECTION OF YOUR RECORD.

YOU CONTEND THAT YOU RECEIVED BUT $10 A MONTH WHILE OVERSEAS AND THAT THERE SHOULD BE A SUBSTANTIAL AMOUNT STILL DUE YOU.

A CONSOLIDATED STATEMENT OF YOUR PAY RECORD FOR THE ENTIRE PERIOD OF YOUR SERVICE FROM JANUARY 26 THROUGH OCTOBER 5, 1949, IS AS FOLLOWS:

TABLE

CREDITS

PAY AS RECRUIT, AT $75 A MONTH,

FROM JANUARY 26 TO MAY 3, 1949 $245.00

PAY AS RECRUIT WITH FOREIGN SERVICE

PAY, AT $90 A MONTH, FROM MAY 4

TO JUNE 16, 1949 129.00

PAY AS PRIVATE WITH FOREIGN SERVICE

PAY, AT $96 A MONTH, FROM JUNE 17

TO SEPTEMBER 29, 1949 329.60

PAY AS PRIVATE, AT $80 A MONTH, FROM

SEPTEMBER 30 TO OCTOBER 4, 1949 13.34

PAY AS RECRUIT, AT $75 A MONTH,

OCTOBER 5, 1949 2.50

FURLOUGH RATIONS, AT $1.05 A DAY,

APRIL 8-15, 1949 8.40

TOTAL CREDITS $727.84 CREDITS $727.84

DEBITS

ALLOTMENTS:

INSURANCE, AT $6.40 A MONTH, FROM

JANUARY THROUGH SEPTEMBER 1949,

PLUS 1 ADVANCE PREMIUM $ 64.00

CLASS E, VOLUNTARY, AT $30 A MONTH,

MARCH THROUGH AUGUST 1949 180.00

CLASS E, VOLUNTARY, AT $10.43 A

MONTH, MAY THROUGH SEPTEMBER 1949 52.15

FAMILY ALLOWANCE DEDUCTIONS, AT $22 A

MONTH, JUNE THROUGH SEPTEMBER 1949 88.00

SOLDIERS HOME DEDUCTIONS, AT 10 CENTS A

MONTH, JANUARY 26 THROUGH SEPTEMBER 30,

1949 .85

INCOME TAX WITHHOLDINGS:

FEBRUARY 1949 4.50

MARCH 1949 2.80

JULY 1 THROUGH

OCTOBER 4, 1949 12.60 $ 19.90

CASH PAYMENTS:

JANUARY 1949 10.00

FEBRUARY 28, 1949 53.65

MARCH 31, 1949 35.70

APRIL 1949 40.00

JUNE 1949 72.34

JULY TO OCTOBER 1949:

VOUCHER NO. 707 42.00

VOUCHER NO. 955 10.00 263.69

TOTAL DEBITS $668.59

BALANCE DUE AT DISCHARGE $ 59.25

THE SUM OF $48.58, WHICH HAS BEEN PAID TO YOU, AND $10.67, WHICH WAS WITHHELD AS REQUIRED BY LAW FOR INCOME TAX PURPOSES, TOTAL $59.25, THE BALANCE DUE YOU AT THE DATE OF YOUR DISCHARGE AS INDICATED ABOVE.

ACCORDINGLY, IT APPEARS THAT YOU HAVE BEEN PROPERLY PAID THE PAY ACCRUING TO YOU FOR YOUR SERVICE IN THE ARMY.