B-134538, JAN. 13, 1958

B-134538: Jan 13, 1958

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ATTORNEYS AT LAW: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8. BLACK WAS TAKEN INTO CIVIL CUSTODY AND HELD UNTIL SEPTEMBER 26. WHEN THE CHARGES WERE DISMISSED. YOU ALSO STATE THAT HIS PERIOD OF ENLISTMENT WAS DUE TO TERMINATE ON JULY 7. THAT HIS DISCHARGE WAS HELD IN ABEYANCE PENDING TERMINATION OF THE CIVIL PROCEEDINGS. SINCE WE HAVE HAD NO COMMUNICATIONS CONCERNING THE CASE OTHER THAN YOUR LETTER AND AN INQUIRY FROM THE HONORABLE THOMAS H. THE PRECISE QUESTION SET FORTH IN YOUR LETTER DOES NOT APPEAR TO HAVE BEEN THE SUBJECT OF ANY OF OUR DECISIONS. THERE ARE ENCLOSED COPIES OF SEVERAL OF OUR DECISIONS WHICH MAY BE OF INTEREST TO YOU IN THE PRESENT MATTER. YOU ARE ADVISED THAT IN THE EVENT MR.

B-134538, JAN. 13, 1958

TO KAISER AND O-NEILL, ATTORNEYS AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8, 1957, WHEREIN YOU REQUEST THAT A RULING BE MADE AS TO THE ENTITLEMENT OF MR. EARL E. BLACK, AN ENLISTED MEMBER OF THE NAVY, SERIAL NUMBER 436 75 44, TO PAY AND ALLOWANCES FOR THE PERIOD FROM MARCH 18, 1956, TO NOVEMBER 12, 1957.

YOU STATE THAT ON MARCH 18, 1956, MR. BLACK WAS TAKEN INTO CIVIL CUSTODY AND HELD UNTIL SEPTEMBER 26, 1957, WHEN THE CHARGES WERE DISMISSED, AND THAT HE HAS BEEN ON FULL ACTIVE DUTY SINCE THE LATTER DATE. YOU ALSO STATE THAT HIS PERIOD OF ENLISTMENT WAS DUE TO TERMINATE ON JULY 7, 1956, WHILE IN CIVIL CUSTODY, BUT THAT HIS DISCHARGE WAS HELD IN ABEYANCE PENDING TERMINATION OF THE CIVIL PROCEEDINGS.

MR. BLACK'S CLAIM HAS NOT BEEN FORWARDED TO OUR OFFICE FOR DIRECT SETTLEMENT, NOR HAS THE ADMINISTRATIVE OFFICE REQUESTED A RULING OR DECISION IN THE MATTER. UNDER SUCH CIRCUMSTANCES A DECISION MAY NOT BE RENDERED AT YOUR REQUEST UPON THE QUESTION PRESENTED. WE MAY NOT UNDERTAKE TO DIRECT A DISBURSING OFFICER TO ALLOW OR DISALLOW A PARTICULAR CLAIM OR VOUCHER UNLESS THE CLAIM HAS BEEN SETTLED IN OUR OFFICE OR A DISBURSING OFFICER HAS SUBMITTED TO US FOR ADVANCE DECISION, AS TO THE PROPRIETY OF PAYMENT, A VOUCHER PRESENTED TO HIM. NOR CAN WE COMPLY WITH YOUR REQUEST FOR COPIES OF ALL CORRESPONDENCE CONCERNING THE MATTER, SINCE WE HAVE HAD NO COMMUNICATIONS CONCERNING THE CASE OTHER THAN YOUR LETTER AND AN INQUIRY FROM THE HONORABLE THOMAS H. KUCHEL, UNITED STATES SENATE.

THE PRECISE QUESTION SET FORTH IN YOUR LETTER DOES NOT APPEAR TO HAVE BEEN THE SUBJECT OF ANY OF OUR DECISIONS. HOWEVER, THERE ARE ENCLOSED COPIES OF SEVERAL OF OUR DECISIONS WHICH MAY BE OF INTEREST TO YOU IN THE PRESENT MATTER.

YOU ARE ADVISED THAT IN THE EVENT MR. BLACK'S CLAIM IS DENIED BY THE DISBURSING OFFICER BEFORE WHOM THE MATTER IS PENDING, MR. BLACK MAY PRESENT HIS CLAIM TO OUR CLAIMS DIVISION. IF THAT ACTION IS NECESSARY THE CLAIM SHOULD BE PRESENTED OVER HIS SIGNATURE, OR IF YOU ARE TO REPRESENT HIM, IT SHOULD BE ACCOMPANIED BY A POWER OF ATTORNEY EXECUTED IN YOUR FAVOR BY MR. BLACK. THE CLAIM SHOULD INCLUDE A FULL STATEMENT OF ALL THE FACTS INVOLVED AND BE ACCOMPANIED BY ANY AVAILABLE DOCUMENTS TENDING TO SUPPORT THE CLAIM, INCLUDING A REPORT ON THE ADMINISTRATIVE ACTION, IF ANY, TAKEN TO EXCUSE HIS ABSENCE FROM HIS STATION AS UNAVOIDABLE.