B-136064, JUN. 10, 1958

B-136064: Jun 10, 1958

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HAMMOCK: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 20. THE CLAIM WAS DISALLOWED ON THE GROUND THAT SINCE YOU WERE NOT DISCHARGED FOR PHYSICAL DISABILITY. PAYMENT OF SEVERANCE PAY IN YOUR CASE IS NOT AUTHORIZED. IN SUPPORT OF YOUR REQUEST FOR RECONSIDERATION YOU SIMPLY ALLEGE THAT YOU WERE UNJUSTLY DISCHARGED AND THAT YOU ARE ENTITLED TO SEVERANCE PAY. APPEAR TO BE THAT AFTER MORE THAN TWELVE YEARS OF SERVICE IN THE UNITED STAES NAVY YOU WERE GIVEN AN UNDESIRABLE DISCHARGE UNDER DATE OF JULY 29. NONE OF WHICH APPEARS TO BE APPLICABLE TO YOUR CLAIM SINCE YOU WERE NOT DISCHARGED BY REASON OF PHYSICAL DISABILITY. WAS. CORRECT AND IS SUSTAINED.

B-136064, JUN. 10, 1958

TO MR. WILLIAM O. HAMMOCK:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 20, 1958, IN EFFECT REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 11, 1958, BY WHICH OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR SEVERANCE PAY INCIDENT TO YOUR DISCHARGE ON JULY 29, 1954, AS AN ENLISTED MAN, UNITED STATES NAVY. THE CLAIM WAS DISALLOWED ON THE GROUND THAT SINCE YOU WERE NOT DISCHARGED FOR PHYSICAL DISABILITY, PAYMENT OF SEVERANCE PAY IN YOUR CASE IS NOT AUTHORIZED. IN SUPPORT OF YOUR REQUEST FOR RECONSIDERATION YOU SIMPLY ALLEGE THAT YOU WERE UNJUSTLY DISCHARGED AND THAT YOU ARE ENTITLED TO SEVERANCE PAY. YOU DO NOT, HOWEVER, CITE ANY LAW OR REGULATION UNDER WHICH YOU BELIEVE YOUR CLAIM FOR SUCH PAY MAY BE ALLOWED.

THE FACTS IN THIS CASE, AS REPORTED IN YOUR SEVERAL LETTERS AND AS SHOWN BY OUR RECORDS, APPEAR TO BE THAT AFTER MORE THAN TWELVE YEARS OF SERVICE IN THE UNITED STAES NAVY YOU WERE GIVEN AN UNDESIRABLE DISCHARGE UNDER DATE OF JULY 29, 1954. UNDER DATE OF APRIL 16, 1957, THE NAVY DISCHARGE REVIEW BOARD CHANGED YOUR DISCHARGE FROM UNDESIRABLE TO GENERAL AND THEREAFTER OUR CLAIMS DIVISION CERTIFIED FOR PAYMENT TO YOU AN AMOUNT FOUND TO BE PAYABLE AS AN ADJUSTMENT OF YOUR PAY ACCOUNT.

SECTION 402 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 816, 37 U.S.C. 272, PRESCRIBES THE CONDITIONS UNDER WHICH MEMBERS OF THE REGULAR AND RESERVE COMPONENTS OF THE UNIFORMED SERVICES MAY BE RETIRED FOR PHYSICAL DISABILITY AND CERTAIN SUBSECTIONS THEREOF PROVIDE FOR THE PAYMENT OF DISABILITY SEVERANCE PAY UNDER THE CONDITIONS SET FORTH THEREIN, NONE OF WHICH APPEARS TO BE APPLICABLE TO YOUR CLAIM SINCE YOU WERE NOT DISCHARGED BY REASON OF PHYSICAL DISABILITY. THERE APPEARS TO BE NO STATUTORY AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM AND THE ACTION TAKEN IN THE SETTLEMENT OF APRIL 11, 1958, WAS, THEREFORE, CORRECT AND IS SUSTAINED.