B-142390, MAY 2, 1960

B-142390: May 2, 1960

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BRECHT: REFERENCE IS MADE TO YOUR UNDATED LETTER RELATIVE TO YOUR CLAIM FOR THE DIFFERENCE IN PAY BETWEEN CORPORAL AND TECHNICAL SERGEANT FOR THE PERIOD SEPTEMBER 15. SINCE YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 25. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. THAT YOU WERE RETURNED TO MILITARY CONTROL ON SEPTEMBER 15. YOU WERE PROMOTED FROM PRIVATE TO CORPORAL. WERE AMENDED TO STATE THAT YOU WERE PROMOTED FROM STAFF SERGEANT TO TECHNICAL SERGEANT INSTEAD OF FROM PRIVATE TO CORPORAL. SHORTLY THEREAFTER THE SAME DISBURSING OFFICER DETERMINED THAT THE PAYMENT WAS ERRONEOUS. THE EFFECTIVE DATE OF AN APPOINTMENT IS THE DATE OF THE ORDERS DIRECTING THE APPOINTMENT UNLESS SUCH ORDERS ARE IN CONFIRMATION OF PRIOR ORAL ORDERS PREVIOUSLY ISSUED BY COMPETENT AUTHORITY.

B-142390, MAY 2, 1960

TO SERGEANT THOMAS J. BRECHT:

REFERENCE IS MADE TO YOUR UNDATED LETTER RELATIVE TO YOUR CLAIM FOR THE DIFFERENCE IN PAY BETWEEN CORPORAL AND TECHNICAL SERGEANT FOR THE PERIOD SEPTEMBER 15, 1945, TO JUNE 30, 1946. SINCE YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 25, 1949, YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

THE RECORD SHOWS THAT YOU BECAME A JAPANESE PRISONER OF WAR IN 1942; THAT YOU WERE RETURNED TO MILITARY CONTROL ON SEPTEMBER 15, 1945; THAT BY ORDERS DATED SEPTEMBER 29, 1949, CONFIRMING VOCAL ORDER OF THE COMMANDER- IN-CHIEF OF SEPTEMBER 2, 1945, YOU WERE PROMOTED FROM PRIVATE TO CORPORAL; AND THAT YOU RECEIVED THE PAY OF A CORPORAL UNTIL DISCHARGED ON APRIL 24, 1946. YOU REENLISTED AS CORPORAL ON APRIL 25, 1946, AND CONTINUED TO BE PAID AS SAME. BY ORDERS DATED NOVEMBER 13, 1947, THE ORDERS OF SEPTEMBER 29, 1945, WERE AMENDED TO STATE THAT YOU WERE PROMOTED FROM STAFF SERGEANT TO TECHNICAL SERGEANT INSTEAD OF FROM PRIVATE TO CORPORAL. ON JUNE 30, 1948, THE DISBURSING OFFICER AT FORTH LEAVENWORTH, KANSAS, PAID YOU $110.88 AS THE DIFFERENCE IN PAY BETWEEN CORPORAL AND TECHNICAL SERGEANT FOR THE PERIOD APRIL 25 TO JUNE 30, 1946, ON THE BASIS OF THE LATTER ORDERS. SHORTLY THEREAFTER THE SAME DISBURSING OFFICER DETERMINED THAT THE PAYMENT WAS ERRONEOUS, AND ON JULY 19, 1948, HE EFFECTED COLLECTION FROM YOU OF THE AMOUNT INVOLVED.

THE EFFECTIVE DATE OF AN APPOINTMENT IS THE DATE OF THE ORDERS DIRECTING THE APPOINTMENT UNLESS SUCH ORDERS ARE IN CONFIRMATION OF PRIOR ORAL ORDERS PREVIOUSLY ISSUED BY COMPETENT AUTHORITY. SINCE THE ORDERS OF NOVEMBER 13, 1947, WERE NOT, AND DID NOT PURPORT TO BE, IN CONFIRMATION OF ORAL ORDERS PREVIOUSLY ISSUED BY PROPER AUTHORITY, THEY WERE NOT LEGALLY EFFECTIVE TO APPOINT YOU, RETROACTIVELY, TO A HIGHER GRADE ON SEPTEMBER 2, 1945.

ACCORDINGLY, THE SETTLEMENT OF MAY 25, 1949, WAS CORRECT AND IS SUSTAINED.