B-136733, JUL. 23, 1958

B-136733: Jul 23, 1958

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ATHEY: WE HAVE RECEIVED FROM THE FINANCE CENTER. YOU REFER TO THE AMOUNT AS A "DETAINED FINE" AND SAY THAT AT THE TIME OF YOUR DISCHARGE YOU WERE INFORMED THAT IT WOULD BE REFUNDED TO YOU. YOU WERE ADVISED THAT THE ADJUTANT GENERAL OF THE ARMY REPORTED THAT YOU WERE SENTENCED TO CONFINEMENT AT HARD LABOR FOR 24 DAYS AND TO FORFEIT $16 OF YOUR PAY FOR A MONTH. IN THAT SETTLEMENT YOU WERE ALSO ADVISED THAT THERE IS NO AUTHORITY OF LAW FOR REFUND TO AN ENLISTED MAN OF THE UNITED STATES ARMY OF AMOUNTS FORFEITED AND PROPERLY DEDUCTED FROM HIS PAY PURSUANT TO A LAWFUL SENTENCE IMPOSED BY A COURT-MARTIAL OF COMPETENT JURISDICTION. WAS SENT TO YOU AT 302 BOIS DARC STREET. WAS RETURNED TO OUR OFFICE WITH THE NOTATION "UNCLAIMED" ON THE ENVELOPE.

B-136733, JUL. 23, 1958

TO MR. THOMAS H. ATHEY:

WE HAVE RECEIVED FROM THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, YOUR UNDATED LETTER CONCERNING YOUR CLAIM FOR REFUND OF THE AMOUNT OF $16 DEDUCTED FROM YOUR ARMY PAY FOR JULY 1941. YOU REFER TO THE AMOUNT AS A "DETAINED FINE" AND SAY THAT AT THE TIME OF YOUR DISCHARGE YOU WERE INFORMED THAT IT WOULD BE REFUNDED TO YOU.

IN OUR SETTLEMENT DATED MARCH 23, 1943, YOU WERE ADVISED THAT THE ADJUTANT GENERAL OF THE ARMY REPORTED THAT YOU WERE SENTENCED TO CONFINEMENT AT HARD LABOR FOR 24 DAYS AND TO FORFEIT $16 OF YOUR PAY FOR A MONTH, PER SPECIAL COURT-MARTIAL ORDER NO. 61, HEADQUARTERS BROOKS FIELD, TEXAS, DATED JUNE 27, 1941. IN THAT SETTLEMENT YOU WERE ALSO ADVISED THAT THERE IS NO AUTHORITY OF LAW FOR REFUND TO AN ENLISTED MAN OF THE UNITED STATES ARMY OF AMOUNTS FORFEITED AND PROPERLY DEDUCTED FROM HIS PAY PURSUANT TO A LAWFUL SENTENCE IMPOSED BY A COURT-MARTIAL OF COMPETENT JURISDICTION. YOUR COPY OF THE SETTLEMENT DATED MARCH 23, 1943, WAS SENT TO YOU AT 302 BOIS DARC STREET, HILLSBORO, TEXAS, AND WAS RETURNED TO OUR OFFICE WITH THE NOTATION "UNCLAIMED" ON THE ENVELOPE. IT WAS REMAILED TO YOU AT 115 ABNEY AVENUE, HILLSBORO, TEXAS, ON APRIL 30, 1954.

THE PREFERRING OF CHARGES AGAINST AN ENLISTED MAN OF THE ARMY FOR OFFENSES COMMITTED, THE DETERMINATION AS TO WHETHER OR NOT HE IS GUILTY, THE PUNISHMENT IMPOSED AND ITS EXECUTION ARE ALL MATTERS WHICH COME ENTIRELY WITHIN THE JURISDICTION OF THE DEPARTMENT OF THE ARMY. WHEN A SENTENCE BY A COURT-MARTIAL IMPOSING A FINE OR FORFEITURE ON AN ARMY ENLISTED MAN HAS BEEN EXECUTED, OUR OFFICE MAY NOT REVIEW, REVISE, REMIT OR MODIFY SUCH SENTENCE. IT APPEARING THAT THE SENTENCE IN YOUR CASE HAS BEEN FULLY EXECUTED SO FAR AS THE FORFEITURE OF PAY IS CONCERNED, YOU ARE NOT ENTITLED TO REFUND OF THE FORFEITURE SO IMPOSED, NOTWITHSTANDING ANY ADVICE WHICH YOU MAY HAVE RECEIVED TO THE CONTRARY.

ACCORDINGLY, UPON REVIEW THE SETTLEMENT OF MARCH 23, 1943, DISALLOWING YOUR CLAIM, IS SUSTAINED.