B-136523, JUL. 18, 1958

B-136523: Jul 18, 1958

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F. SHELBY: REFERENCE IS MADE TO YOUR LETTER OF MARCH 27. AN IDENTICAL CLAIM WAS SUBMITTED TO OUR CLAIMS DIVISION BY YOUR LETTER OF FEBRUARY 24. THAT CLAIM WAS DISALLOWED BY SETTLEMENT OF SEPTEMBER 11. SINCE AN EXAMINATION OF THE RECORDS SHOWED THAT NO AMOUNT WAS DUE IN CONNECTION WITH YOUR MILITARY SERVICE. YOUR PRESENT LETTER IS BEING CONSIDERED AS A REQUEST FOR RECONSIDERATION OF THAT ACTION. THERE IS ON FILE HERE A COPY OF THE FINAL STATEMENT OF YOUR PAY ACCOUNT WHICH SHOWS THAT PRIOR TO YOUR DISCHARGE YOU WERE LAST PAID IN FULL TO INCLUDE JANUARY 31. YOU WERE ENTITLED TO CREDITS IN THE TOTAL AMOUNT OF $73.62 AND THAT YOU WERE PROPERLY CHARGEABLE WITH DEBITS IN THE TOTAL AMOUNT OF $49.55.

B-136523, JUL. 18, 1958

TO MR. MARK. F. SHELBY:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 27, 1958, REFERRED HERE BY THE DEPARTMENT OF THE ARMY, CONCERNING YOUR CLAIM FOR PAY AS A PRIVATE, ARMY OF THE UNITED STATES, BELIEVED TO BE DUE FOR THE MONTH PRIOR TO THE DATE OF YOUR DISCHARGE ON MARCH 1, 1943.

AN IDENTICAL CLAIM WAS SUBMITTED TO OUR CLAIMS DIVISION BY YOUR LETTER OF FEBRUARY 24, 1947. THAT CLAIM WAS DISALLOWED BY SETTLEMENT OF SEPTEMBER 11, 1947, SINCE AN EXAMINATION OF THE RECORDS SHOWED THAT NO AMOUNT WAS DUE IN CONNECTION WITH YOUR MILITARY SERVICE. YOUR PRESENT LETTER IS BEING CONSIDERED AS A REQUEST FOR RECONSIDERATION OF THAT ACTION.

THERE IS ON FILE HERE A COPY OF THE FINAL STATEMENT OF YOUR PAY ACCOUNT WHICH SHOWS THAT PRIOR TO YOUR DISCHARGE YOU WERE LAST PAID IN FULL TO INCLUDE JANUARY 31, 1943, BY COLONEL E. F. REA, F.D. THE FINAL STATEMENT ALSO SHOWS THAT DURING THE PERIOD FEBRUARY 1 THROUGH MARCH 1, 1943, YOU WERE ENTITLED TO CREDITS IN THE TOTAL AMOUNT OF $73.62 AND THAT YOU WERE PROPERLY CHARGEABLE WITH DEBITS IN THE TOTAL AMOUNT OF $49.55, AND THAT THE DIFFERENCE BETWEEN SUCH DEBITS AND CREDITS, AMOUNTING TO $23.62, WAS PAID TO YOU ON DISCHARGE. AN ITEMIZED STATEMENT OF THE CREDITS AND DEBITS IS AS FOLLOWS:

TABLE

CREDITS

BASE PAY AS PRIVATE FROM FEBRUARY 1 TO MARCH 1, 1943,

INCLUSIVE, 1 MONTH, 1 DAY AT $50 A MONTH $51.67

TRAVEL PAY 21.50

TOTAL - $73.17

DEBITS

CLASS "F" FAMILY ALLOWANCE ALLOTMENT DEDUCTION

FOR FEBRUARY AND MARCH 1943, 2 MONTHS AT $22 A MONTH $44.00

CLASS "N" INSURANCE ALLOTMENT FOR FEBRUARY 1943

AT $4.05 A MONTH 4.05

POST LAUNDRY 1.50

TOTAL - $49.55

SINCE THE DIFFERENCE OF $23.62 WAS PAID TO YOU AT THE TIME OF YOUR DISCHARGE, IT WILL BE SEEN THAT YOU HAVE BEEN PAID IN FULL AND THAT NO FURTHER SUM IS DUE YOU INCIDENT TO YOUR MILITARY SERVICE. YOU WILL NOTE THAT SUCH PAYMENT INCLUDED TRAVEL PAY OF $21.50 AND THE BALANCE OF BASIC PAY DUE AMOUNTING TO $2.12.

POSSIBLY YOU HAVE OVERLOOKED THE FACT THAT A FAMILY ALLOWANCE DEDUCTION WAS MADE FOR BOTH THE MONTHS OF FEBRUARY AND MARCH 1943. SECTION 106 (A) OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 382, PROVIDED THAT FOR EACH MONTH A FAMILY ALLOWANCE WAS PAID UNDER THAT ACT, THE MONTHLY PAY OF THE ENLISTED MAN INVOLVED SHOULD BE CHARGED WITH $22. SECTION 107 OF THAT ACT REQUIRED THAT THE MONTHLY FAMILY ALLOWANCE BE PAID FOR THE PERIOD ENDING WITH THE DAY WHICH THE DISBURSING OFFICER PAYING THE ALLOWANCE RECEIVED NOTICE OF THE ENLISTED MAN'S DISCHARGE. PRESUMABLY, THE DISBURSING OFFICER WHO PAID THE FAMILY ALLOWANCE IN YOUR CASE COULD NOT, IN THE NORMAL COURSE OF EVENTS, HAVE RECEIVED NOTICE OF YOUR DISCHARGE BEFORE HE PAID THE ALLOWANCE FOR THE MONTH OF MARCH 1943.

IN ACCORDANCE WITH YOUR REQUEST THE PHOTOSTATIC COPY OF YOUR DISCHARGE, ENCLOSED WITH YOUR LETTER OF MARCH 27, 1958, IS RETURNED.