B-126030, JAN. 30, 1956

B-126030: Jan 30, 1956

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COYLE: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 7. IT APPEARS THAT YOU WERE IN A "NONPERFORMANCE OF DUTY. HAVE BEEN ENACTED IN YOUR CASE. CONTAINS ANY PROVISION FOR THE PAYMENT TO YOU OF THE ACTIVE DUTY PAY AND ALLOWANCES WHICH WERE FORFEITED UNDER THE TERMS OF THE COURT-MARTIAL SENTENCE APPROVED JANUARY 22. NOTHING HAS BEEN FOUND IN THE LANGUAGE OF THE CONGRESSIONAL REPORTS REFERRED TO BY YOU WHICH EVIDENCES AN INTENT ON THE PART OF THE CONGRESS THAT YOU CURRENTLY WERE TO BE PAID SUCH PAY AND ALLOWANCES.

B-126030, JAN. 30, 1956

TO MR. JAMES P. COYLE:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 7, 1955, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED AUGUST 3, 1955, WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES FROM JANUARY 22, 1920, THE DATE OF APPROVAL OF YOUR GENERAL COURT-MARTIAL SENTENCE, TO SEPTEMBER 21, 1922, THE DATE OF YOUR DISCHARGE AS FIREMAN, FIRST CLASS, UNITED STATES NAVY.

IN THE LETTER OF NOVEMBER 7, 1955, YOU, IN EFFECT, URGE THE ALLOWANCE OF YOUR CLAIM ON THE BASIS OF LETTERS OF THE SECRETARY OF THE NAVY QUOTED IN SENATE REPORT NO. 2166, 75TH CONGRESS, 3RD SESSION, TO ACCOMPANY H.R. 10135, APPROVED JUNE 28, 1938, AS PRIVATE LAW NO. 804, AND IN H.R. REPORT NO. 1649, 83D CONGRESS, 2ND SESSION, TO ACCOMPANY H.R. 6332, APPROVED AUGUST 31, 1954, AS PRIVATE LAW NO. 929.

IT APPEARS THAT YOU WERE IN A "NONPERFORMANCE OF DUTY--- IMPRISONED" STATUS FROM AUGUST 9, 1919, TO SEPTEMBER 21, 1922. PRIVATE LAW NO. 198, APPROVED JULY 6, 1937, IN ADDITION TO PRIVATE LAWS NOS. 804 AND 929, HAVE BEEN ENACTED IN YOUR CASE. NONE OF THESE PRIVATE ACTS, HOWEVER, CONTAINS ANY PROVISION FOR THE PAYMENT TO YOU OF THE ACTIVE DUTY PAY AND ALLOWANCES WHICH WERE FORFEITED UNDER THE TERMS OF THE COURT-MARTIAL SENTENCE APPROVED JANUARY 22, 1920. FURTHER, NOTHING HAS BEEN FOUND IN THE LANGUAGE OF THE CONGRESSIONAL REPORTS REFERRED TO BY YOU WHICH EVIDENCES AN INTENT ON THE PART OF THE CONGRESS THAT YOU CURRENTLY WERE TO BE PAID SUCH PAY AND ALLOWANCES.