B-126734, MAR. 30, 1956

B-126734: Mar 30, 1956

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THE SECRETARY OF THE ARMY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 20. IT IS SHOWN IN THE SUBMISSION THAT COLONEL FERRIER ENTERED UPON ACTIVE DUTY AS A CAPTAIN ON NOVEMBER 2. AS A RESULT OF THE FINDINGS OF AN ARMY RETIRING BOARD ORDERS WERE ISSUED ON MARCH 18. SUCH ORDERS WERE REVOKED ON MARCH 22. COLONEL FERRIER WAS. WHERE HE WAS UNDERGOING TREATMENT. HE WAS ADVISED BY LETTER FROM THE ADJUTANT GENERAL THAT HE WAS HONORABLY DISCHARGED FROM HIS COMMISSION AS LIEUTENANT COLONEL. HE WAS RELEASED FROM ST. SUCH REQUEST WAS DENIED BECAUSE HE WAS UNABLE TO FURNISH PROPER RELEASE ORDERS TO SUPPORT THE REQUEST. ARE AUTHORIZED TO CORRECT ANY MILITARY OF NAVAL RECORD WHERE IN THEIR JUDGMENT SUCH ACTION IS NECESSARY TO CORRECT AN ERROR OR REMOVE AN INJUSTICE.

B-126734, MAR. 30, 1956

TO THE HONORABLE, THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 20, 1956, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER THE HOUSEHOLD EFFECTS OF LIEUTENANT COLONEL WILLIAM W. FERRIER, RETIRED, MAY BE SHIPPED AT GOVERNMENT EXPENSE AS REQUESTED BY HIM, BASED ON THE CORRECTION OF HIS MILITARY RECORDS.

IT IS SHOWN IN THE SUBMISSION THAT COLONEL FERRIER ENTERED UPON ACTIVE DUTY AS A CAPTAIN ON NOVEMBER 2, 1940. AS A RESULT OF THE FINDINGS OF AN ARMY RETIRING BOARD ORDERS WERE ISSUED ON MARCH 18, 1944, ANNOUNCING HIS RELEASE FROM ACTIVE DUTY EFFECTIVE MARCH 25, 1944, NOT BY REASON OF PHYSICAL DISABILITY. SUCH ORDERS WERE REVOKED ON MARCH 22, 1944. UPON THE RECOMMENDATION OF AN ARMY COMMITMENT BOARD, COLONEL FERRIER WAS, BY ORDERS DATED JULY 11, 1944, TRANSFERRED FROM TORNEY GENERAL HOSPITAL, PALM SPRINGS, CALIFORNIA, WHERE HE WAS UNDERGOING TREATMENT, TO ST. ELIZABETHS HOSPITAL, WASHINGTON, D.C., FOR FURTHER OBSERVATION AND TREATMENT. AUGUST 11, 1944, HE WAS ADVISED BY LETTER FROM THE ADJUTANT GENERAL THAT HE WAS HONORABLY DISCHARGED FROM HIS COMMISSION AS LIEUTENANT COLONEL, ARMY OF THE UNITED STATES, AND MAJOR, SPECIALIST RESERVE CORPS, BY REASON OF PHYSICAL DISQUALIFICATION. ON AUGUST 31, 1944, HAVING BEEN CONSIDERED SOCIALLY RECOVERED FROM HIS ILLNESS, HE WAS RELEASED FROM ST. ELIZABETHS HOSPITAL. ALSO, IT APPEARS THAT COLONEL FERRIER REQUESTED SHIPMENT OF HIS HOUSEHOLD EFFECTS TO HIS HOME AT GOVERNMENT EXPENSE FOLLOWING HIS SEPARATION FROM THE SERVICE, BUT SUCH REQUEST WAS DENIED BECAUSE HE WAS UNABLE TO FURNISH PROPER RELEASE ORDERS TO SUPPORT THE REQUEST.

UNDER THE PROVISIONS OF SECTION 207 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, 60 STAT. 837, AS AMENDED, THE SECRETARIES OF THE ARMY, NAVY, AND AIR FORCE AND THE SECRETARY OF THE TREASURY (WITH RESPECT TO THE COAST GUARD), UNDER PROCEDURES SET UP BY THEM AND ACTING THROUGH BOARDS OF CIVILIAN OFFICERS OR EMPLOYEES OF THEIR RESPECTIVE DEPARTMENTS, ARE AUTHORIZED TO CORRECT ANY MILITARY OF NAVAL RECORD WHERE IN THEIR JUDGMENT SUCH ACTION IS NECESSARY TO CORRECT AN ERROR OR REMOVE AN INJUSTICE.

COLONEL FERRIER'S RECORDS HAVE BEEN CORRECTED UNDER THE AUTHORITY GRANTED BY SECTION 207 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, AS AMENDED, TO SHOW:

"A. THAT THE HONORABLE DISCHARGE ON 11 AUGUST 1944 FROM HIS COMMISSIONS AS LIEUTENANT COLONEL, ARMY OF THE UNITED STATES AND MAJOR, SPECIALISTS RESERVE CORPS, WAS, AND IS, VOID AND OF NO FORCE OR EFFECT;

"B. THAT HE WAS ON TERMINAL LEAVE FROM 31 AUGUST 1944 TO SUCH DATE AS WOULD ENABLE HIM TO RECEIVE THE MAXIMUM ALLOWABLE BENEFIT OF UNUSED LEAVE DUE HIM;

"C. THAT HE WAS RELIEVED FROM ACTIVE DUTY IN THE GRADE OF LIEUTENANT COLONEL, AS OF THE EXPIRATION OF SUCH TERMINAL LEAVE, AND ISSUED A CERTIFICATE OF SERVICE COVERING THE PERIOD OF ACTIVE DUTY SERVED; AND

"D. THAT HE BE RECERTIFIED AS ELIGIBLE FOR RECEIPT OF RETIREMENT PAY BENEFITS UNDER THE PROVISIONS OF THE ACT OF 3 APRIL 1939, IN THE GRADE OF LIEUTENANT COLONEL, THE DAY FOLLOWING HIS RELIEF FROM ACTIVE DUTY.'

UNDER DATE OF FEBRUARY 17, 1955, RELIEF ORDERS WERE ISSUED BY THE ADJUTANT GENERAL, BY ORDER OF THE SECRETARY OF THE ARMY, AS FOLLOWS:

"DSA UNDER THE PROVISIONS OF AR 15-185, DATED 15 NOVEMBER 1952, AS THE RESULT OF APPROVED FINDINGS OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS, LIEUTENANT COLONEL WILLIAM W. FERRIER, 0289904, AUS, IS RELIEVED ATTACHED UNASSIGNED ST. ELIZABETH'S HOSPITAL, WASHINGTON, .C., GRANTED TERMINAL LEAVE OF THREE (3) MONTHS AND EIGHT (8) DAYS, EFFECTIVE 31 AUGUST 1944, AND REVERTED TO INACTIVE STATUS BY REASON OF PHYSICAL DISABILITY ON 10 DECEMBER 1944. HOME OF RECORD SAN DIEGO, CALIFORNIA. PCS. TDN.'

SINCE IT APPEARS THAT COLONEL FERRIER MADE A TIMELY REQUEST FOR THE SHIPMENT OF HIS HOUSEHOLD EFFECTS FOLLOWING HIS RELEASE FROM ACTIVE DUTY AND SINCE HIS MILITARY RECORDS HAVE NOW BEEN CORRECTED TO ESTABLISH HIS RIGHT TO SUCH TRANSPORTATION, SHIPMENT OF HIS HOUSEHOLD EFFECTS WITHIN THE PRESCRIBED WEIGHT ALLOWANCE IS NOW AUTHORIZED AT GOVERNMENT EXPENSE, NOT TO EXCEED THE COST OF SHIPMENT FROM THE PLACE WHERE THE EFFECTS WERE LOCATED WHEN HE WAS RELEASED FROM ACTIVE DUTY TO HIS HOME OF RECORD, SAN DIEGO, CALIFORNIA.