B-135194, FEB. 21, 1958

B-135194: Feb 21, 1958

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REXROTH: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15. ALLEGED TO HAVE BEEN DUE YOU AT THE DATE OF YOUR DISCHARGE FROM THE UNITED STATES ARMY ON JANUARY 30. THE RECORD SHOWS THAT YOU WERE TRIED BEFORE A GENERAL COURT-MARTIAL ON THE CHARGE THAT YOU VIOLATED THE 58TH ARTICLE OF WAR. THE SENTENCE WAS APPROVED BUT THE DISHONORABLE DISCHARGE WAS MITIGATED TO A BAD CONDUCT DISCHARGE. OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR REFUND ON THE GROUND THAT THE DEPOSIT MADE BY YOU WAS FORFEITED BY REASON OF YOUR DEPARTURE ON DECEMBER 17. THE ACTION TAKEN BY OUR CLAIMS DIVISION WAS CORRECT AND IS SUSTAINED.

B-135194, FEB. 21, 1958

TO MR. CARL E. REXROTH:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15, 1958, RELATING TO YOUR CLAIM FOR REFUND OF SOLDIER'S DEPOSIT IN THE AMOUNT OF $50, ALLEGED TO HAVE BEEN DUE YOU AT THE DATE OF YOUR DISCHARGE FROM THE UNITED STATES ARMY ON JANUARY 30, 1950.

THE RECORD SHOWS THAT YOU WERE TRIED BEFORE A GENERAL COURT-MARTIAL ON THE CHARGE THAT YOU VIOLATED THE 58TH ARTICLE OF WAR, IT BEING ALLEGED THAT YOU DESERTED THE SERVICE OF THE UNITED STATES AT FORT DEVENS, MASSACHUSETTS, ON OR ABOUT DECEMBER 17, 1948, AND DID REMAIN ABSENT IN DESERTION UNTIL APPREHENDED AT GETTYSBURG, PENNSYLVANIA, ON OR ABOUT SEPTEMBER 16, 1949. THE COURT-MARTIAL FOUND YOU GUILTY OF THE SPECIFICATION AND CHARGE AND SENTENCED YOU TO BE DISHONORABLY DISCHARGED THE SERVICE, TO FORFEIT ALL PAY AND ALLOWANCES TO BECOME DUE AFTER THE DATE OF THE ORDER DIRECTING EXECUTION OF THE SENTENCE, AND TO BE CONFINED AT HARD LABOR FOR ONE YEAR AT SUCH PLACE AS PROPER AUTHORITY MIGHT DIRECT. THE SENTENCE WAS APPROVED BUT THE DISHONORABLE DISCHARGE WAS MITIGATED TO A BAD CONDUCT DISCHARGE.

SECTION 1305, REVISED STATUTES, AS AMENDED BY THE ACT OF JUNE 12, 1906, 34 STAT. 246, PROVIDES IN PERTINENT PART AS FOLLOWS:

"ANY ENLISTED MAN OF THE ARMY MAY DEPOSIT HIS SAVINGS, IN SUMS NOT LESS THAN FIVE DOLLARS, WITH ANY ARMY PAYMASTER, WHO SHALL FURNISH HIM A DEPOSIT-BOOK, IN WHICH SHALL BE ENTERED THE NAME OF THE PAYMASTER AND OF THE SOLDIER, AND THE AMOUNT, DATE, AND PLACE OF SUCH DEPOSIT. THE AMOUNT SO DEPOSITED * * * SHALL NOT BE SUBJECTED TO FORFEITURE BY SENTENCE OF COURT-MARTIAL, BUT SHALL BE FORFEITED BY DESERTION * * *.'

BY SETTLEMENT DATED MAY 21, 1951, OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR REFUND ON THE GROUND THAT THE DEPOSIT MADE BY YOU WAS FORFEITED BY REASON OF YOUR DEPARTURE ON DECEMBER 17, 1948. UNDER THE FACTS IN THIS CASE AND THE LAW APPLICABLE THERETO, THE ACTION TAKEN BY OUR CLAIMS DIVISION WAS CORRECT AND IS SUSTAINED.