B-139423, AUG. 6, 1959

B-139423, AUG. 6, 1959

TO MR. BERNARD B. MILLER:

WE HAVE RECEIVED, BY REFERENCE FROM THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, YOUR LETTERS DATED NOVEMBER 17, 1958, AND FEBRUARY 17, 1959, WHICH APPARENTLY RELATE TO THE AMOUNT OF $735.31, WHICH THE DEPARTMENT OF THE ARMY PAID TO YOU BY CHECK DATED NOVEMBER 12, 1957, ON THE BASIS OF THE CORRECTION OF YOUR MILITARY RECORDS. YOU INDICATE, GENERALLY, THAT YOU BELIEVE THE AMOUNT SO PAID, WHICH REPRESENTED PAY AND ALLOWANCES FOUND DUE YOU AS OF SEPTEMBER 8, 1945, THE DATE OF YOUR DISCHARGE AS PRIVATE, ARMY OF THE UNITED STATES, WAS COMPUTED INCORRECTLY.

SECTION 15 2 OF TITLE 10 OF THE U.S.C. CONTAINS THE STATUTORY PROVISIONS RELATING TO CORRECTION OF MILITARY RECORDS AND TO CLAIMS INCIDENT THERETO. IT IS THERE PROVIDED, AMONG OTHER THINGS, THAT THE SECRETARY OF A MILITARY DEPARTMENT, UNDER PROCEDURES ESTABLISHED BY HIM AND APPROVED BY THE SECRETARY OF DEFENSE, AND ACTING THROUGH BOARDS OF CIVILIANS OF THE EXECUTIVE PART OF THAT MILITARY DEPARTMENT, MAY CORRECT ANY MILITARY RECORD OF THAT DEPARTMENT WHEN HE CONSIDERS IT NECESSARY TO CORRECT AN ERROR OR REMOVE AN INJUSTICE, AND THAT, EXCEPT WHEN PROCURED BY FRAUD, A CORRECTION SO MADE IS FINAL AND CONCLUSIVE ON ALL OFFICERS OF THE UNITED STATES. THAT SECTION FURTHER PROVIDES THAT THE DEPARTMENT CONCERNED MAY PAY, FROM APPLICABLE CURRENT APPROPRIATIONS, A CLAIM FOR THE LOSS OF PAY, ALLOWANCES, COMPENSATION, EMOLUMENTS, OR OTHER PECUNIARY BENEFITS, OR FOR THE REPAYMENT OF A FINE OR FORFEITURE, IF, AS A RESULT OF CORRECTING A RECORD UNDER THAT SECTION, THE AMOUNT IS FOUND TO BE DUE THE CLAIMANT ON ACCOUNT OF HIS OR ANOTHER'S SERVICE IN THE ARMY, NAVY, AIR FORCE, MARINE CORPS, OR COAST GUARD, AS THE CASE MAY BE, AND THAT A CLAIMANT'S ACCEPTANCE OF A SETTLEMENT UNDER THAT SECTION FULLY SATISFIES THE CLAIM CONCERNED.

WE HAVE IN OUR FILE ON YOUR CASE A PHOTOCOPY OF CHECK NO. 1,198,420, DATED NOVEMBER 12, 1957, IN THE AMOUNT OF $735.31, DRAWN ON THE TREASURER OF THE UNITED STATES BY LIEUTENANT COLONEL N. P. HANNA TO THE ORDER OF BERNARD B. MILLER, 196 ROCKAWAY PARKWAY, BROOKLYN, NEW YORK. THAT CHECK, WHICH COVERED THE PAYMENT MADE BY THE DEPARTMENT OF THE ARMY, ON NOVEMBER 12, 1957, ON THE BASIS OF THE CORRECTION OF YOUR MILITARY RECORDS, BEARS THE ENDORSEMENT OF "BERNARD B. MILLER" AND HAS BEEN PAID BY THE TREASURER OF THE UNITED STATES. SINCE IT APPEARS THAT YOU ACCEPTED THE AMOUNT SO PAID, IT MUST BE CONCLUDED THAT, IN ACCORDANCE WITH THE APPLICABLE STATUTORY PROVISIONS, YOUR ACCEPTANCE OF THAT AMOUNT FULLY SATISFIED YOUR CLAIM FOR PAY AND ALLOWANCES DUE AS OF SEPTEMBER 8, 1945, THE DATE OF YOUR DISCHARGE AS PRIVATE, ARMY OF THE UNITED STATES.