B-133780, OCT. 25, 1957

B-133780: Oct 25, 1957

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YOU REQUEST THAT WE RECONSIDER YOUR CLAIM FOR PAY AND ALLOWANCES WHICH WAS DISALLOWED BY SETTLEMENT DATED AUGUST 21. WHILE YOU WERE A MEMBER OF THE UNITED STATES MARINE CORPS RESERVE ON ACTIVE DUTY YOU WERE IN AN UNAUTHORIZED ABSENCE STATUS FROM JUNE 26. YOUR CLAIM WAS DISALLOWED BECAUSE THERE WAS NO SHOWING THAT YOUR UNAUTHORIZED ABSENCE HAD BEEN EXCUSED AS UNAVOIDABLE. UNLESS SUCH ABSENCE IS EXCUSED AS UNAVOIDABLE. * * *" IN A LETTER FROM HEADQUARTERS UNITED STATES MARINE CORPS. IT IS REPORTED THAT. PAYMENT ON YOUR CLAIM IS NOT AUTHORIZED BY LAW.

B-133780, OCT. 25, 1957

TO MR. CHARLIE A. WATSON:

IN YOUR LETTER OF AUGUST 28, 1957, YOU REQUEST THAT WE RECONSIDER YOUR CLAIM FOR PAY AND ALLOWANCES WHICH WAS DISALLOWED BY SETTLEMENT DATED AUGUST 21, 1957.

WHILE YOU WERE A MEMBER OF THE UNITED STATES MARINE CORPS RESERVE ON ACTIVE DUTY YOU WERE IN AN UNAUTHORIZED ABSENCE STATUS FROM JUNE 26, 1954, UNTIL MARCH 23, 1956, THE DATE OF YOUR DISCHARGE. AS STATED IN THE SETTLEMENT OF AUGUST 21, 1957, YOUR CLAIM WAS DISALLOWED BECAUSE THERE WAS NO SHOWING THAT YOUR UNAUTHORIZED ABSENCE HAD BEEN EXCUSED AS UNAVOIDABLE.

SECTION 4 (B) OF THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, 37 U.S.C. 33 (B), PROVIDES IN PERTINENT PART AS FOLLOWS:

"* * * WHEN ABSENT WITHOUT LEAVE OR ABSENT OVER LEAVE * * * (MEMBERS) SHALL FORFEIT ALL PAY AND ALLOWANCES DURING SUCH ABSENCE, UNLESS SUCH ABSENCE IS EXCUSED AS UNAVOIDABLE. * * *"

IN A LETTER FROM HEADQUARTERS UNITED STATES MARINE CORPS, DATED AUGUST 2, 1957, IT IS REPORTED THAT, ACCORDING TO THE RECORDS RELATING TO YOUR SERVICE, THERE HAS BEEN NO ADMINISTRATIVE DETERMINATION EXCUSING YOUR ABSENCE FOR THE PERIOD IN QUESTION. SINCE YOUR ABSENCE HAS NOT BEEN EXCUSED BY COMPETENT AUTHORITY, PAYMENT ON YOUR CLAIM IS NOT AUTHORIZED BY LAW.