B-135181, MAR. 4, 1958

B-135181: Mar 4, 1958

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CASPERSON: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 12. IN THAT SETTLEMENT THERE WAS FOUND DUE YOU THE SUM OF $75 REPRESENTING EXCESS FAMILY ALLOWANCE DEDUCTIONS AT THE RATE OF $5 A MONTH MADE FROM YOUR ARMY PAY ($60 FOR THE PERIOD FROM JULY 1. THERE WAS ALSO FOUND DUE YOU THE SUM OF $8.70. FROM THE TOTAL OF $83.70 THUS FOUND DUE YOU THERE WAS WITHHELD THE SUM OF $7.37 TO LIQUIDATE AN INDEBTEDNESS IN THAT AMOUNT. THE AMOUNT OF $76.33 WAS ACCORDINGLY CERTIFIED FOR PAYMENT TO YOU ($60 FOR THE PERIOD ENDING JUNE 30. THAT YOU SIGNED UP FOR A "DEFENSE BOND" IN JULY 1949 BUT NEVER RECEIVED ANY BONDS ALTHOUGH DEDUCTIONS THEREFOR WERE MADE FROM YOUR PAY. THAT A SUM WAS DEDUCTED. ON SUCH BASIS YOU BELIEVE THERE IS DUE YOU AT LEAST THE AMOUNT OF $200.

B-135181, MAR. 4, 1958

TO MR. ALLEN E. CASPERSON:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 12, 1958, REQUESTING REVIEW OF OUR SETTLEMENT DATED MARCH 6, 1951. IN THAT SETTLEMENT THERE WAS FOUND DUE YOU THE SUM OF $75 REPRESENTING EXCESS FAMILY ALLOWANCE DEDUCTIONS AT THE RATE OF $5 A MONTH MADE FROM YOUR ARMY PAY ($60 FOR THE PERIOD FROM JULY 1, 1948, THROUGH JUNE 30, 1949, AND $15 FOR THE PERIOD FROM JULY 1 TO SEPTEMBER 30, 1949). THERE WAS ALSO FOUND DUE YOU THE SUM OF $8.70, REPRESENTING CLOTHING ALLOWANCE FOR THE PERIOD FROM JULY 1 TO DECEMBER 15, 1949, EXCLUSIVE OF PERIODS OF ABSENCE WITHOUT LEAVE. FROM THE TOTAL OF $83.70 THUS FOUND DUE YOU THERE WAS WITHHELD THE SUM OF $7.37 TO LIQUIDATE AN INDEBTEDNESS IN THAT AMOUNT, COMPRISING (1) $6.49, AS LAUNDRY CHARGES NOT DEDUCTED FROM YOUR PAY CURRENTLY, AND (2) $0.88, AS THE UNSATISFIED BALANCE, AT DATE OF DISCHARGE, OF A COURT-MARTIAL FORFEITURE IN THE AMOUNT OF $44. THE AMOUNT OF $76.33 WAS ACCORDINGLY CERTIFIED FOR PAYMENT TO YOU ($60 FOR THE PERIOD ENDING JUNE 30, 1949, AND THE NET AMOUNT OF $16.33 FOR THE PERIOD FROM JULY 1 TO DECEMBER 15, 1949).

YOU SAY THAT YOU RECEIVED ONLY $1 AS PAY IN SEPTEMBER 1949; THAT IN OCTOBER, NOVEMBER, AND DECEMBER 1949, YOU RECEIVED ONLY A PARTIAL PAYMENT OF $10 AT BREMERHAVEN IN NOVEMBER 1949; THAT YOU SIGNED UP FOR A "DEFENSE BOND" IN JULY 1949 BUT NEVER RECEIVED ANY BONDS ALTHOUGH DEDUCTIONS THEREFOR WERE MADE FROM YOUR PAY; AND THAT A SUM WAS DEDUCTED, WITHOUT YOUR CONSENT, FOR MEMBERSHIP IN THE FIRST DIVISION SOCIETY. ON SUCH BASIS YOU BELIEVE THERE IS DUE YOU AT LEAST THE AMOUNT OF $200.

IN VIEW OF YOUR PROTESTS, YOUR PAY ACCOUNT FOR THE PERIOD FROM JULY 1 TO DECEMBER 15, 1949, HAS BEEN CAREFULLY REVIEWED. DURING SUCH PERIOD THE FAMILY ALLOWANCE AT THE RATE OF $42 A MONTH WAS PAID IN BEHALF OF YOUR MINOR CHILD AND UNDER THE APPLICABLE STATUTORY PROVISIONS YOUR REQUIRED CONTRIBUTION TO SUCH ALLOWANCE WAS $22 A MONTH. THE DEPARTMENT OF THE ARMY HAS REPORTED THAT YOUR APPLICATION, DATED JUNE 23, 1948, FOR THE FAMILY ALLOWANCE FOR YOUR MOTHER WAS DISAPPROVED BECAUSE THE REQUESTED EVIDENCE WAS NEVER RECEIVED. HENCE ALL ADDITIONAL FAMILY ALLOWANCE DEDUCTIONS MADE FROM YOUR PAY AT THE RATE OF $5 A MONTH WERE ERRONEOUS. YOU WERE ABSENT WITHOUT LEAVE FROM JULY 21 TO 30, 1949, AND FROM OCTOBER 29 TO NOVEMBER 8, 1949, AND YOUR MILITARY PAY RECORD FOR THE PERIOD FROM JULY 1 TO DECEMBER 15, 1949, SHOWS CHECK AGES OF YOUR PAY AND ALLOWANCES FOR THE PERIODS OF ABSENCE WITHOUT LEAVE. THESE CHECK AGES WERE MADE UNDER THE PROVISIONS OF SECTION 4 OF THE ARMED FORCES LEAVE ACT OF 1946, AS ADDED BY SECTION 1 OF THE ACT OF AUGUST 4, 1947, 61 STAT. 748, WHICH PROVIDES THAT MEMBERS OF THE ARMED FORCES, WHEN ABSENT WITHOUT LEAVE OR ABSENT OVER LEAVE, UNLESS SUCH ABSENCE IS EXCUSED AS UNAVOIDABLE. YOUR MILITARY PAY RECORD FOR THE PERIOD INVOLVED ALSO SHOWS A CHECK AGE OF $44 AS FORFEITURE UNDER COURT-MARTIAL SENTENCE APPROVED AUGUST 4, 1949. THE PAY RECORD SHOWS NO DEDUCTIONS FOR THE PURCHASE OF BONDS OR FOR MEMBERSHIP IN THE FIRST DIVISION SOCIETY.

UNDER THE SAVINGS PROVISIONS OF SUBSECTION (B) OF SECTION 515 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 831, EFFECTIVE OCTOBER 1, 1949, AN ENLISTED MEMBER OF THE UNIFORMED SERVICES WAS NOT TO SUFFER ANY REDUCTION, BY REASON OF SUCH ACT, IN THE TOTAL COMPENSATION WHICH HE WAS ENTITLED TO RECEIVE UNDER ANY PROVISION OF LAW IN EFFECT ON SEPTEMBER 30, 1949. THE SAID SUBSECTION (B) FURTHER PROVIDES THAT THE SAVINGS PROVISIONS CONTAINED THEREIN SHALL CEASE TO APPLY TO ANY PART OF SUCH TOTAL COMPENSATION UPON THE FAILURE OF SUCH MEMBER OR HIS DEPENDENTS TO QUALIFY THEREFOR OR TO BE ENTITLED THERETO.

THE RECORDS SHOW THAT AS OF SEPTEMBER 30, 1949, YOU WERE CREDITED WITH A TOTAL MONTHLY COMPENSATION OF $113.75 (CONSISTING OF $78.75 AS PAY OF RECRUIT WITH OVER 3 YEARS OF SERVICE, $15 AS FOREIGN SERVICE PAY AND $20 AS THE GOVERNMENT'S CONTRIBUTION TOWARD FAMILY ALLOWANCE PAYMENTS TO YOUR DEPENDENT). YOUR TOTAL COMPENSATION EFFECTIVE OCTOBER 1, 1949, AT THE RATES PRESCRIBED IN THE CAREER COMPENSATION ACT OF 1949 ($87.50 A MONTH AS THE PAY OF A RECRUIT WITH OVER 2 YEARS OF SERVICE AND $8 A MONTH AS FOREIGN SERVICE PAY), AMOUNTING TO ONLY $95.50 A MONTH, YOU CONTINUED TO BE ENTITLED TO RECEIVE THE HIGHER COMPENSATION OF $113.75 A MONTH AND YOUR DEPENDENT CONTINUED TO BE ENTITLED TO RECEIVE MONTHLY FAMILY ALLOWANCE BENEFITS. AN EXAMINATION OF YOUR PAY RECORD FOR THE PERIOD INVOLVED SHOWS THAT THE DEPARTMENT OF THE ARMY CONSIDERED THAT YOUR RIGHT TO SAVED PAY TERMINATED WHEN YOU ABSENTED YOURSELF WITHOUT LEAVE ON OCTOBER 29, 1949, AND THAT YOU WERE NOT THEREAFTER CREDITED WITH SAVED PAY.

IT IS OUR VIEW, HOWEVER, THAT SECTION 4 (B) OF THE ARMED FORCES LEAVE ACT OF 1946, AS ADDED BY SECTION 1 OF THE ACT OF AUGUST 4, 1947, 61 STAT. 748- -- WHILE REQUIRING THAT MEMBERS OF THE ARMED FORCES WHO ARE ABSENT WITHOUT LEAVE OR ABSENT OVER LEAVE SHALL FORFEIT ALL PAY AND ALLOWANCES DURING SUCH ABSENCE UNLESS THE ABSENCE IS EXCUSED AS UNAVOIDABLE--- PLAINLY CONTEMPLATES THAT ENLISTED MEN OF THE ARMED FORCES SHALL CONTINUE IN A PAY STATUS DURING PERIODS OF ABSENCE WITHOUT LEAVE. THAT BEING THE CASE AND IN THE ABSENCE OF A SPECIFIC PROVISION OF LAW OR REGULATION REQUIRING THAT ABSENCE WITHOUT LEAVE OR ABSENCE OVER LEAVE SHALL TERMINATE ENTITLEMENT TO SAVED PAY, THE BASIC ENTITLEMENT OF ANY INDIVIDUAL TO SUCH PAY MUST BE VIEWED AS CONTINUING IN FULL FORCE AND EFFECT. ON SUCH BASIS YOU SHOULD HAVE BEEN CREDITED WITH SAVED PAY TO THE DATE OF YOUR DISCHARGE, IT APPEARING THAT YOUR ENTITLEMENT TO SUCH PAY CONTINUED EVEN AFTER YOU CEASED TO BE ENTITLED TO FOREIGN SERVICE PAY.

A REVISED STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD FROM JULY 1 TO DECEMBER 15, 1949, IS AS FOLLOWS:

TABLE

CREDITS BASE, LONGEVITY AND FOREIGN SERVICE PAY AS A PRIVATE, FIRST CLASS, WITH OVER 3 YEARS OF SERVICE, JULY 1 TO AUGUST 3, 1949, AT $112.50 A MONTH $123.75 BASE, LONGEVITY AND FOREIGN SERVICE PAY AS A RECRUIT WITH OVER 3 YEARS OF SERVICE, AUGUST 4 TO SEPTEMBER 30, 1949, AT $93.75 A MONTH178.13 BASE, LONGEVITY AND FOREIGN SERVICE PAY AS A RECRUIT WITH OVER 3 YEARS OF SERVICE, OCTOBER 1 TO DECEMBER 7, 1949, AT $93.75 A MONTH 209.38 BASE AND LONGEVITY PAY AS A RECRUIT WITH OVER 3 YEARS OF SERVICE, DECEMBER 8 TO 15, 1949, AT $78.75 A MONTH 21.00 LEAVE RATIONS, JULY 5 TO 20, 1949, AT $1.10 A DAY 17.60 CLOTHING ALLOWANCE FOR THE PERIOD FROM JULY 1 TO DECEMBER 15, 1949 (EXCLUSIVE OF PERIODS OF ABSENCE WITHOUT LEAVE), AT $1.80 A MONTH

8.70 $558.56

CHARGES CLASS N. ALLOTMENT, JULY THROUGH DECEMBER 1949, AT $3.30 A MONTH $ 19.80 FAMILY ALLOWANCE DEDUCTIONS, JULY THROUGH DECEMBER 1949, AT $22 A MONTH 132.00 COURT-MARTIAL FORFEITURE, APPROVED AUGUST 4, 1949 44.00 FORFEITURE OF PAY FOR ABSENCE WITHOUT LEAVE FROM JULY 21 TO 30, 1949, AT $112.50 A MONTH 37.50 FORFEITURE OF PAY FOR ABSENCE WITHOUT LEAVE FROM OCTOBER 29 TO NOVEMBER 8, 1949, AT $93.75 A MONTH 31.25 CHECK AGE FOR GOVERNMENT PROPERTY LOST OR DAMAGED 4.15 LAUNDRY AND DRY CLEANING

9.01 SOLDIER'S HOME DEDUCTIONS 0.55 PAID BY ARMY DISBURSING OFFICERS 154.00 ALLOWED BY SETTLEMENT DATED MARCH 6, 1951 16.33 $448.59

------- ------- BALANCE DUE

$109.97

THE PERTINENT PAYROLL VOUCHERS FOR THE PERIOD INVOLVED HAVE BEEN WITHDRAWN FROM THE FILES AND EXAMINED. DURING SUCH PERIOD YOU RECEIVED PAYMENTS AS FOLLOWS: $82 ON AUGUST 1, 1949, VOUCHER NO. 1253, AUGUST 1949 ACCOUNTS OF JOHN M. LYDICK, APO 1; $1 ON AUGUST 31, 1949, VOUCHER NO. 2437, SEPTEMBER 1949 ACCOUNTS OF THE SAME DISBURSING OFFICER; $61 ON SEPTEMBER 30, 1949, VOUCHER NO. 3183, OCTOBER 1949 ACCOUNTS OF THE SAME DISBURSING OFFICER; AND $10 ON NOVEMBER 25, 1949, VOUCHER NO. 241, NOVEMBER 1949 ACCOUNTS OF H. A. GORDON, APO 69. THESE VOUCHERS BEAR THE SIGNATURE OF ,ALLEN E. CASPERSON" IN THE COLUMN PROVIDED FOR THE PAYEES TO SIGN FOR THE AMOUNTS RECEIVED.