B-146268, AUG. 4, 1961

B-146268: Aug 4, 1961

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HILL: REFERENCE IS MADE TO YOUR LETTER OF JUNE 7. A REPORT FROM THE ARMY FINANCE CENTER REFLECTS THAT YOUR REDUCTION FROM PRIVATE FIRST CLASS TO PRIVATE WAS PURSUANT TO THE SENTENCE OF SUMMARY COURT-MARTIAL NO. 68. YOUR PAY SHOULD HAVE BEEN COMPUTED FOR THREE ADDITIONAL DAYS THROUGH JANUARY 28. YOU STATE THAT TO THE BEST OF YOUR KNOWLEDGE YOU DID NOT RECEIVE THE FURLOUGH TRAVEL ALLOWANCE OF $137.50 SHOWN TO HAVE BEEN PAID TO YOU IN NOVEMBER 1945 IN THE STATEMENT OF YOUR ACCOUNT. UNTIL YOUR DISCHARGE WERE A PART PAYMENT AND A CHECK TOTALING ABOUT $60. YOU ARE ADVISED THAT VOUCHER NO. 11092 IN THE NOVEMBER 1945 ACCOUNT OF F. W. SHIMMEL SHOWS THAT YOU WERE PAID $187.50 IN CASH OF WHICH ONLY $50 REPRESENTED THE REENLISTMENT ALLOWANCE TO WHICH YOU WERE ENTITLED INCIDENT TO YOUR ENLISTMENT ON NOVEMBER 15.

B-146268, AUG. 4, 1961

TO MR. WALTER J. HILL:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 7, 1961, REQUESTING FURTHER CONSIDERATION OF OFFICE LETTER DATED FEBRUARY 9, 1955, WHICH FURNISHED AN ITEMIZED COMPUTATION OF THE AMOUNT ALLOWED YOU BY SETTLEMENT DATED DECEMBER 9, 1954, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY DURING THE PERIOD NOVEMBER 15, 1945, TO OCTOBER 18, 1946.

YOU QUESTION CERTAIN ITEMS IN THE COMPUTATION, ONE BEING THE PERIOD ALLOWED FOR SERVICE AS A PRIVATE FIRST CLASS. A REPORT FROM THE ARMY FINANCE CENTER REFLECTS THAT YOUR REDUCTION FROM PRIVATE FIRST CLASS TO PRIVATE WAS PURSUANT TO THE SENTENCE OF SUMMARY COURT-MARTIAL NO. 68, ADJUDGED JANUARY 26, 1946, AND APPROVED JANUARY 29, 1946. PARAGRAPH 16 OF ARMY REGULATIONS 615-5, IN EFFECT AT THAT TIME, PROVIDES THAT IN SITUATIONS SUCH AS YOURS THE SENTENCE BECOMES EFFECTIVE ON THE DATE OF PUBLICATION OF THE COURT-MARTIAL ORDER APPROVING THE REDUCTION. HENCE, YOUR PAY SHOULD HAVE BEEN COMPUTED FOR THREE ADDITIONAL DAYS THROUGH JANUARY 28, 1946, AS PRIVATE FIRST CLASS INSTEAD OF PRIVATE, MAKING A FURTHER CREDIT IN YOUR ACCOUNT OF 40 CENTS. HOWEVER, THIS AMOUNT MAY NOT BE PAID YOU BECAUSE THE $35 OF YOUR PAY FORFEITED PURSUANT TO SUMMARY COURT-MARTIAL NO. 54, ADJUDGED AND APPROVED AUGUST 8, 1946, HAS NOT BEEN FULLY COLLECTED.

YOU STATE THAT TO THE BEST OF YOUR KNOWLEDGE YOU DID NOT RECEIVE THE FURLOUGH TRAVEL ALLOWANCE OF $137.50 SHOWN TO HAVE BEEN PAID TO YOU IN NOVEMBER 1945 IN THE STATEMENT OF YOUR ACCOUNT, SINCE YOU SAY YOU HAD TO PAY YOUR TRAVEL EXPENSES OUT OF YOUR REENLISTMENT ALLOWANCE, AND THAT THE ONLY PAYMENTS YOU REMEMBER RECEIVING FROM NOVEMBER 26, 1946 (1945), UNTIL YOUR DISCHARGE WERE A PART PAYMENT AND A CHECK TOTALING ABOUT $60.

YOU ARE ADVISED THAT VOUCHER NO. 11092 IN THE NOVEMBER 1945 ACCOUNT OF F. W. SHIMMEL SHOWS THAT YOU WERE PAID $187.50 IN CASH OF WHICH ONLY $50 REPRESENTED THE REENLISTMENT ALLOWANCE TO WHICH YOU WERE ENTITLED INCIDENT TO YOUR ENLISTMENT ON NOVEMBER 15, 1945, AND THE BALANCE, $137.50, REPRESENTED TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS A MILE FOR FURLOUGH GRANTED FROM NOVEMBER 24 TO DECEMBER 24, 1945, AT CAMP ROSS, CALIFORNIA, WITH REPORTING STATION AT FORT BRAGG, NORTH CAROLINA. THE RECORD FURTHER SHOWS THAT BETWEEN THIS PAYMENT OF $202.05 RECEIVED AT DISCHARGE YOU WERE PAID THE ADDITIONAL AMOUNTS OF $30 AS PARTIAL PAYMENT IN THE FEBRUARY 1946 ACCOUNT OF E. W. MCLARREN; $39.83 ON VOUCHER NO. 66433 IN THE APRIL 1946 ACCOUNT OF E. W. MCLARREN; $36.90 ON VOUCHER NO. 32885 IN THE JUNE 1946 ACCOUNT OF F. S. STRATTON; AND $62.80 ON VOUCHER NO. 1023 IN THE AUGUST 1946 ACCOUNT OF E. J. SCHIEBER. IT IS ALSO SHOWN THAT DURING THE PERIOD HERE INVOLVED YOU CONTRIBUTED $22 EACH MONTH TO A FAMILY ALLOWANCE WHICH WAS AUTHORIZED FROM OCTOBER 1, 1944, THROUGH OCTOBER 1946; $6.50 A MONTH FOR A CLASS N ALLOTMENT FOR THE SAME PERIOD; AND $15 A MONTH FOR CLASS E ALLOTMENT WHICH WAS IN EFFECT FROM JULY 1 THROUGH OCTOBER 1946.

IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO THE CONTRARY OUR ACTION ON YOUR CLAIM NECESSARILY MUST BE GUIDED BY THE OFFICIAL RECORDS RELATING TO YOUR PAY ACCOUNT, AND WHILE YOU STATE THAT IN VIEW OF THE LENGTH OF THE SERVICE YOU FEEL THAT YOU SHOULD HAVE RECEIVED MORE THAN $202.05 AT DISCHARGE, WE TRUST YOU WILL UNDERSTAND THAT NOT ONLY DID YOU HAVE SUBSTANTIAL DEDUCTIONS FROM YOUR PAY FOR FAMILY ALLOWANCE AND ALLOTMENTS BUT THE AMOUNT DUE YOU WAS ALSO AFFECTED BY A PERIOD OF ABSENCE WITHOUT LEAVE, DURING WHICH NO PAY ACCRUED, AND THE ADDITIONAL DEDUCTIONS AS FORFEITURES OF YOUR PAY IN ACCORDANCE WITH COURT-MARTIAL ORDERS.

IN LIGHT OF THE FOREGOING, IT APPEARS THAT YOU HAVE BEEN PAID IN FULL FOR THE PERIOD INVOLVED AND, ACCORDINGLY, THE SETTLEMENT OF DECEMBER 9, 1954, EXCEPT AS HEREIN STATED, IS SUSTAINED.