B-135267, APR. 8, 1958

B-135267: Apr 8, 1958

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FRENCH: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 13. FOR THE AMOUNT OF AN ALLOTMENT ALLEGED BY YOU TO HAVE BEEN MADE ON OR ABOUT SEPTEMBER 1. YOUR CLAIM FOR PAY WAS DISALLOWED BY SETTLEMENT DATED MAY 27. YOU WERE TRIED BY A SPECIAL COURT MARTIAL. THE SENTENCE WAS ADJUDGED APRIL 23. THE SENTENCE WAS APPROVED AND ORDERED EXECUTED. YOU WERE DISCHARGED ON MAY 28. YOU WERE RELEASED FROM CONFINEMENT AT CAMP STONEMAN. DISCLOSES THAT THERE WAS CARRIED FORWARD TO YOUR PAY ACCOUNT FOR THE PERIOD BEGINNING JANUARY 1. YOU WERE NOT ENTITLED TO FOREIGN DUTY PAY AFTER APRIL 23. THE DATE THE COURT MARTIAL SENTENCE WAS ADJUDGED SINCE YOU WERE IN CONFINEMENT. NOR WERE YOU ENTITLED TO BASIC PAY AFTER MAY 28.

B-135267, APR. 8, 1958

TO MR. JACOB F. FRENCH:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 13, 1957, REFERRED HERE BY THE CHIEF, CLAIMS DIVISION, SETTLEMENTS OPERATIONS, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, CONCERNING YOUR CLAIM FOR FINAL PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, U.S. ARMY, AND FOR THE AMOUNT OF AN ALLOTMENT ALLEGED BY YOU TO HAVE BEEN MADE ON OR ABOUT SEPTEMBER 1, 1950, TO A BANK IN CHARLES TOWN, WEST VIRGINIA. YOUR CLAIM FOR PAY WAS DISALLOWED BY SETTLEMENT DATED MAY 27, 1953, OF OUR CLAIMS DIVISION.

IT APPEARS THAT PURSUANT TO PARAGRAPH 7, SPECIAL ORDERS NO. 81, HEADQUARTERS, KOBE BASE, APO 317, DATED APRIL 5, 1951, AS AMENDED BY PARAGRAPH 8, SPECIAL ORDERS NO. 87, THE SAME STATION, DATED APRIL 12, 1951, YOU WERE TRIED BY A SPECIAL COURT MARTIAL, FOUND GUILTY AND SENTENCED TO BE REDUCED TO THE LOWEST ENLISTED GRADE, TO BE DISCHARGED FROM THE SERVICE WITH A BAD CONDUCT DISCHARGE, TO BE CONFINED AT HARD LABOR FOR SIX MONTHS, AND TO FORFEIT $15 A MONTH OF YOUR PAY FOR SIX MONTHS. THE SENTENCE WAS ADJUDGED APRIL 23, 1951. BY SPECIAL COURT MARTIAL ORDERS NO. 50, HEADQUARTERS, SOUTHWESTERN COMMAND, APO 15,DATED MAY 28, 1951, THE SENTENCE WAS APPROVED AND ORDERED EXECUTED. YOU WERE DISCHARGED ON MAY 28, 1951, WITH A BAD CONDUCT DISCHARGE. YOU WERE RELEASED FROM CONFINEMENT AT CAMP STONEMAN, CALIFORNIA, ON SEPTEMBER 22, 1951.

AN EXAMINATION OF THE PHOTOSTATIC COPY OF YOUR PAY RECORD FOR THE PERIOD JANUARY 1 TO MAY 28, 1951, DISCLOSES THAT THERE WAS CARRIED FORWARD TO YOUR PAY ACCOUNT FOR THE PERIOD BEGINNING JANUARY 1, 1951, AN UNPAID BALANCE DUE YOU OF $38.77. YOU WERE NOT ENTITLED TO FOREIGN DUTY PAY AFTER APRIL 23, 1951, THE DATE THE COURT MARTIAL SENTENCE WAS ADJUDGED SINCE YOU WERE IN CONFINEMENT, AT LEAST, AFTER THAT DATE. SEE 23 COMP. GEN. 978. NOR WERE YOU ENTITLED TO BASIC PAY AFTER MAY 28, 1951, THE DATE YOU WERE DISCHARGED. SEE 30 COMP. GEN. 449; 33 ID. 281.

A STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD JANUARY 1 THROUGH MAY 28, 1951, SHOWING ALL CREDITS TO WHICH YOU WERE ENTITLED, LESS ALL PROPER DEDUCTIONS, IS AS FOLLOWS:

CHART

CREDITS

AMOUNT UNPAID BROUGHT FORWARD 1/1/51 $38.77

PAY AS A CORPORAL WITH OVER 2 YEARS

SERVICE 1/1 TO 5/26/51, 4 MONTHS

27 DAYS AT $124.95 PER MONTH 612.26

FOREIGN DUTY PAY 1/1 TO 4/23/51,

3 MONTHS 23 DAYS AT $13 PER MONTH 48.97

PAY AS RECRUIT WITH OVER 2 YEARS

SERVICE FOR 5/28/51, AT $87.50

PER MONTH 2.92

TOTAL $702.92

DEBITS

CLASS "E" ALLOTMENT TO GOVERNMENT

PERSONNEL LIFE INSURANCE COMPANY

FOR JANUARY THRU MAY 1951, 5 MONTHS

AT $10.38 PER MONTH $ 51.90

CLASS "E" ALLOTMENT TO RICHARD S.

FRENCH FOR JANUARY AND FEBRUARY 1951,

2 MONTHS AT $20 A MONTH 40.00

CLASS "E" ALLOTMENT TO ROSIE V.

JOHNSON FOR JANUARY THRU MAY 1951,

5 MONTHS AT $50 PER MONTH 250.00

CLASS "N" GOVERNMENT INSURANCE

ALLOTMENT FOR JANUARY THRU MAY 1951,

5 MONTHS AT $6.60 PER MONTH 33.00

GOVERNMENT PROPERTY LOST OR DAMAGED 87.31

LAUNDRY AND DRY CLEANING 3.52

SOLDIERS' HOME CONTRIBUTION

JANUARY THRU MAY 1951, 5 MONTHS

AT 10 CENTS PER MONTH .50

CASH AND CHECK PAYMENTS $38.00

20.00

50.00

50.00

21.00

10.00 189.00

WITHHOLDING TAX 59.20

TOTAL $714.43

OVERPAYMENT $ 11.51

SINCE YOU WERE OVERPAID FOR THE PERIOD JANUARY 1 THROUGH MAY 28, 1951, IN THE AMOUNT OF $11.51, NO BALANCE OF PAY IS DUE YOU FROM THE UNITED STATES. IT WILL BE NOTED THAT THE COURT MARTIAL FINE OF $15 A MONTH FOR SIX MONTHS WAS NOT CHARGED AGAINST YOUR PAY.

RESPECTING YOUR CONTENTION THAT YOU MADE AN ALLOTMENT TO A BANK IN CHARLES TOWN, WEST VIRGINIA, AN EXAMINATION OF YOUR PAY RECORD FOR THE PERIOD JULY 1, 1950, THROUGH MAY 28, 1951, DOES NOT SHOW ANY DEDUCTIONS FROM YOUR PAY FOR SUCH ALLOTMENT. ACCORDINGLY, NO FURTHER ACTION MAY BE TAKEN WITH RESPECT TO SUCH CLAIM.