B-125504, MAR. 13, 1956

B-125504, MAR. 13, 1956

TO MR. PAUL ALBERT WRIGHT:

YOUR LETTER DATED AUGUST 25, 1955, TO THE ATTORNEY GENERAL OF THE UNITED STATES WAS FORWARDED HERE FOR CONSIDERATION AS BEING IN THE NATURE OF A REQUEST FOR REVIEW OF A SETTLEMENT OF AUGUST 17, 1955, OF OUR CLAIMS DIVISION, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF CERTAIN CHECKS ISSUED TO YOU AS PAY FOR JUNE AND JULY 1948 INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

IT APPEARS THAT BY GENERAL COURT MARTIAL ORDERS NO. 181, DATED JULY 23, 1948, HEADQUARTERS, PHILLIPINES-RYUKYUS COMMAND, YOU WERE SENTENCED TO BE DISHONORABLY DISCHARGED, TO FORFEIT ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE AND TO BE CONFINED FOR ONE YEAR. AT THAT TIME YOU HAD IN YOUR POSSESSION THREE CHECKS, IN THE AMOUNTS OF, DATED, AND NUMBERED, RESPECTIVELY: 124 PESOS ($62) MAY 31, 1948, NO. 467,255; 64 PESOS ($32) JUNE 30, 1948, NO. 502,270; AND 111 PESOS 20 CENTAVOS ($55.60) JULY 31, 1948, NO. 506,392. THESE CHECKS WERE SUPPOSED TO REPRESENT MILITARY PAY THAT HAD ACCRUED TO YOU FOR THE MONTH IN WHICH ISSUED, LESS AUTHORIZED DEDUCTIONS. THE CHECK FOR MAY 1948 WAS NEGOTIATED BY YOU AND YOU RECEIVED THE PROCEEDS. THE JUNE AND JULY CHECKS, HOWEVER, WERE ,STOPPED" AND SUBSEQUENTLY CANCELED BY THE DEPARTMENT OF THE ARMY. YOUR CLAIM IS FOR THE PROCEEDS OF THESE LATTER CHECKS. YOU PARTICULARLY QUESTION THE AUTHORITY OF THE GOVERNMENT TO CANCEL THE JUNE 1948 CHECK SINCE YOU HAD ACCEPTED IT AS A FINAL SETTLEMENT FOR SERVICES RENDERED IN JUNE 1948. NOTWITHSTANDING YOUR BELIEF THAT THE MAY AND JUNE CHECKS WERE FINAL SETTLEMENTS FOR PAY FOR THE TWO MONTHS CONCERNED, IT MUST BE DETERMINED WHETHER YOU WERE ENTITLED TO THE PROCEEDS OF THEM BEFORE SETTLEMENT MAY BE MADE TO YOU AT THIS TIME. IT WAS THUS NECESSARY TO REVIEW YOUR SERVICE AND PAY RECORDS FROM MAY 1, 1948, TO THE DATE OF APPROVAL OF YOUR COURT MARTIAL SENTENCE.

IT APPEARS FROM THE RECORD THAT IN MAY 1948, YOU WERE ON DUTY WITH THE 30TH ENGINEER BASE SURVEY COMPANY AT TACLOBAN, LEYTE, PHILIPPINES, AND THAT FOR THE PERIOD MAY 15 TO 28, 1948, YOU WERE FOUND TO BE SICK, NOT IN LINE OF DUTY, WITHIN THE PURVIEW OF ARMY REGULATION 35-1440 PROVIDING FOR LOSS OF PAY DURING SUCH ABSENCE FROM DUTY, AS REQUIRED BY THE ACT OF MAY 17, 1926, 44 STAT. 557. ON MAY 29, 1948, YOU WERE REDUCED FROM PRIVATE, FIRST CLASS, TO PRIVATE AND FROM AND AFTER MAY 29, 1948, YOU WERE PLACED IN CONFINEMENT TO AWAIT A GENERAL COURT MARTIAL FOR CERTAIN OFFENSES, INCLUDING THE TAKING OF A VEHICLE WITHOUT THE CONSENT OF THE OWNER, BREAKING ARREST, AND WILLFULLY DISOBEYING A LAWFUL COMMAND OF A SUPERIOR OFFICER. THE RECORD FURTHER SHOWS THAT YOU WERE TRIED AND FOUND GUILTY OF THE OFFENSES AND THAT BY GENERAL COURT MARTIAL ORDERS NO. 181, DATED JULY 23, 1948, HEADQUARTERS, PHILIPPINES-RYUKYUS COMMAND, THE SENTENCE OF DISHONORABLE DISCHARGE, FORFEITURE OF ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE, AND CONFINEMENT WAS APPROVED, BUT THE PERIOD OF CONFINEMENT WAS REDUCED TO ONE YEAR.

IT APPEARS THAT FOR THE ENTIRE MONTH OF MAY 1948 YOU WERE CREDITED WITH PAY AS A PRIVATE, FIRST CLASS, ON FOREIGN DUTY, TOTALING $96. FROM THAT AMOUNT THERE WAS DEDUCTED TEN CENTS FOR SOLDIERS' HOME CONTRIBUTION; $6.40 FOR CLASS N (INSURANCE) ALLOTMENT; $20 FOR CLASS E (VOLUNTARY) ALLOTMENT AND $7.50 FOR CLASS B (BOND) ALLOTMENT. THE BALANCE OF $62 (124 PESOS PHILIPPINE) WAS PAID TO YOU BY UNITED STATES DEPOSITARY CHECK NO. 467,255, DATED MAY 31, 1948.

A REVIEW OF YOUR RECORD FOR MAY 1948 DISCLOSES THAT YOU WERE NOT ENTITLED TO THE ENTIRE PROCEEDS OF THE MAY CHECK AND BY ITS NEGOTIATION YOU WERE OVERPAID, FOR THAT MONTH, THE SUM OF $46.20. THE OVERPAYMENT AROSE OUT OF THE FACT THAT YOU WERE CREDITED AND PAID AS A PRIVATE, FIRST CLASS ($80), ON OVERSEAS DUTY ($16) FOR THE ENTIRE MONTH, WHEREAS YOU WERE ACTUALLY ENTITLED ONLY TO THE FOLLOWING: PAY AS A PRIVATE, FIRST CLASS, FROM MAY 1 TO 14 1948 ($37.33); FOREIGN DUTY PAY AS PRIVATE, FIRST CLASS, MAY 1 TO 14, 1948 ($7.47); AND PAY AS A PRIVATE MAY 29 AND 30, 1948 ($5), TOTALING $49.80. THE DIFFERENCE BETWEEN THE AMOUNT PAID AND THE AMOUNT TO WHICH ENTITLED IS $46.20. YOU WERE NOT ENTITLED TO ANY PAY FOR THE PERIOD MAY 15 THROUGH MAY 28, 1948, BECAUSE THE RECORD DISCLOSES THAT DURING THAT PERIOD YOU WERE SICK, NOT IN LINE OF DUTY, AS SET FORTH IN ARMY REGULATION 35-1440 AND LOSS OF PAY RESULTED. IN ADDITION, YOU WERE REDUCED TO PRIVATE FROM PRIVATE, FIRST CLASS, ON MAY 29, 1948, AND FURTHER, SINCE THE RECORD SHOWS THAT YOU WERE IN CONFINEMENT AT THIS TIME, FOREIGN DUTY PAY MAY NOT BE CREDITED. SEE 23 COMP. GEN. 978.

AS TO YOUR JUNE PAY, THE RECORD SHOWS THAT THE VOUCHER UPON WHICH THE JUNE CHECK WAS DRAWN WAS COMPUTED ON THE BASIS OF YOUR HOLDING THE GRADE OF PRIVATE, FIRST CLASS, AND YOU WERE CREDITED WITH FOREIGN DUTY PAY, WHEREAS YOU WERE A PRIVATE AND IN CONFINEMENT FOR THE ENTIRE MONTH. RECOMPUTATION OF YOUR JUNE PAY SHOWS THAT INSTEAD OF BEING ENTITLED TO $96 (GROSS PAY OF PRIVATE, FIRST CLASS, WITH FOREIGN DUTY PAY) YOU WERE ACTUALLY ENTITLED TO THE BASE PAY, $75, OF A PRIVATE. AS INDICATED ABOVE, FOREIGN DUTY PAY IS NOT ALLOWABLE WHILE IN CONFINEMENT. HENCE, HAD YOU BEEN PERMITTED TO NEGOTIATE THE JUNE 1948 CHECK, YOU WOULD HAVE BEEN OVERPAID $21 FOR THAT MONTH ($96 MINUS $75). SINCE THE JUNE CHECK IN THE AMOUNT OF $32 (64 PESOS) HAS BEEN CANCELED, YOU ARE ENTITLED TO A CREDIT OF $11 FOR THAT MONTH WHICH IS PROPERLY FOR APPLICATION TO THE MAY 1948 OVERPAYMENT.

SIMILARLY, ALL PAY ACCRUING TO YOU FOR THE MONTH OF JULY 1948 TO THE DATE OF APPROVAL OF YOUR COURT-MARTIAL SENTENCE, LESS PROPER DEDUCTIONS, WAS ALSO REQUIRED TO BE APPLIED TO THE EARLIER OVERPAYMENT.

A CORRECT STATEMENT OF YOUR PAY FOR THE PERIOD MAY 1 THROUGH JULY 23, 1948, IS AS FOLLOWS:

TABLE

CREDITS

PAY AS PRIVATE, FIRST CLASS, AT $80

A MONTH, MAY 1 TO 14, 1948$37.33

FOREIGN DUTY PAY AT $16 A MONTH,

MAY 1 TO 14, 1948 7.47

NO PAY, MAY 15 TO 28, 1948, PER

AR 35-1440, SICK, NOT IN LINE

OF DUTY

PAY AS PRIVATE, AT $75 A MONTH,

MAY 29 AND 30, 1948 5.00

PAY AS PRIVATE AT $75 A MONTH,

JUNE 1 TO JULY 23, 1948 132.50

TOTAL ACCRUED PAY $182.30

DEBITS

SOLDIERS' HOME DEDUCTIONS AT

10 CENTS A MONTH FOR MAY, JUNE

AND JULY 1948 .30

CLASS N (INSURANCE) AT $6.40 A

MONTH FOR MAY, JUNE AND JULY 1948 19.20

CLASS E (VOLUNTARY) ALLOTMENT AT

$20 A MONTH FOR MAY, JUNE AND JULY 60.00

CLASS B (BOND) ALLOTMENT AT $7.50

A MONTH FOR MAY, JUNE AND JULY 22.50

GOVERNMENT PROPERTY LOST OR DAMAGES 3.47

PARTIAL PAYMENT IN MAY, NOT DEDUCTED

ON MAY VOUCHER 30.00

CHECK NO. 467,255, DATED MAY 31,

1948, NEGOTIATED AND PAID 62.00

TOTAL DEBITS $197.47

AMOUNT OVERPAID $15.17

FROM THE FOREGOING IT WILL BE SEEN THAT YOU WERE NOT ENTITLED TO THE PROCEEDS OF THE CHECKS ISSUED FOR JUNE AND JULY 1948, AND YOUR ACCOUNT WAS OVERPAID IN THE SUM OF $15.17 ON THE DATE OF APPROVAL OF YOUR COURT- MARTIAL SENTENCE. HENCE, NO AMOUNT WAS DUE YOU FOR FORFEITURE ON THAT DATE. IN VIEW OF THE ABOVE THE DENIAL OF YOUR CLAIM FOR THE PROCEEDS OF THE CANCELED CHECKS WAS PROPER.