B-136923, AUG. 7, 1958

B-136923: Aug 7, 1958

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GREEN: REFERENCE IS MADE TO YOUR LETTER OF MARCH 31. YOU NOW SUGGEST THAT YOUR APPOINTMENT MAY HAVE BEEN AS TECHNICAL SERGEANT. ON THAT FORM YOU STATED THAT YOUR CLAIM IS FOR A RATING "THAT I WAS TO HAVE RECEIVED IN MAY 1942 TO THE RANK OF S.SGT. WAS NEVER PUT ON MY SERVICE RECORD.'. AN EXAMINATION OF YOUR MILITARY HISTORY SHOWS THAT YOU ENLISTED AND WERE ORDERED TO ACTIVE DUTY. THEREFORE YOU ARE NOT ENTITLED TO PAYMENT OF THE DIFFERENCE IN PAY CLAIMED AND THE SETTLEMENT IS SUSTAINED.

B-136923, AUG. 7, 1958

TO MR. JOSEPH H. GREEN:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 31, 1958, FORWARDED HERE UNDER DATE OF JUNE 30, 1958, BY THE DEPARTMENT OF THE ARMY, WHICH REQUESTS REVIEW OF OUR SETTLEMENT OF NOVEMBER 26, 1946, WHICH DISALLOWED YOUR CLAIM FOR THE PAY OF A STAFF SERGEANT FROM MAY 1942 TO DECEMBER 17, 1945, FOR THE REASON THAT THE RECORDS OF THE DEPARTMENT OF THE ARMY FAIL TO SHOW YOUR APPOINTMENT AS STAFF SERGEANT OR ANY RANK ABOVE PRIVATE FIRST CLASS DURING YOUR PERIOD OF SERVICE. YOU NOW SUGGEST THAT YOUR APPOINTMENT MAY HAVE BEEN AS TECHNICAL SERGEANT.

IN SUPPORT OF YOUR CLAIM YOU EXECUTED A CLAIMANT'S STATEMENT FORM ON JULY 15, 1946. ON THAT FORM YOU STATED THAT YOUR CLAIM IS FOR A RATING "THAT I WAS TO HAVE RECEIVED IN MAY 1942 TO THE RANK OF S.SGT. BUT WAS NEVER PUT ON MY SERVICE RECORD.'

AN EXAMINATION OF YOUR MILITARY HISTORY SHOWS THAT YOU ENLISTED AND WERE ORDERED TO ACTIVE DUTY, JANUARY 24, 1942, IN THE GRADE OF PRIVATE, APPOINTED PRIVATE FIRST CLASS DECEMBER 1, 1942, REDUCED TO PRIVATE MARCH 17, 1944, AND DISCHARGED DECEMBER 17, 1945, IN THE GRADE OF PRIVATE.

THEREFORE YOU ARE NOT ENTITLED TO PAYMENT OF THE DIFFERENCE IN PAY CLAIMED AND THE SETTLEMENT IS SUSTAINED.