B-146309, AUG. 16, 1961

B-146309: Aug 16, 1961

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JR.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 21. YOU DO NOT SPECIFY THE PARTICULAR PERIOD FOR WHICH YOU BELIEVE THAT YOU WERE NOT PAID NOR DO YOU STATE THE AMOUNT WHICH YOU BELIEVE TO BE DUE YOU. THE RECORDS SHOW THAT YOU WERE DISCHARGED FROM THE ARMY ON APRIL 4. - YOUR CLAIM FOR BACK PAY WAS FIRST RECEIVED IN OUR OFFICE. YOU HAVE BEEN CORRECTLY ADVISED THAT WE ARE PROHIBITED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. FROM CONSIDERING YOUR CLAIM SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THAT WE HAVE NO AUTHORITY TO WAIVE THE PROVISIONS OF THAT ACT. EVEN IF IT WERE DETERMINED THAT AN AMOUNT IS DUE YOU INCIDENT TO YOUR ARMY SERVICE.

B-146309, AUG. 16, 1961

TO MR. EARNEST KENE, JR.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 21, 1961, AGAIN URGENTLY REQUESTING THAT WE CONSIDER YOUR CLAIM FOR "BACK PAY" WHICH YOU BELIEVE TO BE DUE YOU INCIDENT TO YOUR ARMY SERVICE DURING WORLD WAR II. YOU DO NOT SPECIFY THE PARTICULAR PERIOD FOR WHICH YOU BELIEVE THAT YOU WERE NOT PAID NOR DO YOU STATE THE AMOUNT WHICH YOU BELIEVE TO BE DUE YOU.

THE RECORDS SHOW THAT YOU WERE DISCHARGED FROM THE ARMY ON APRIL 4, 1946, AND THAT ON JUNE 15, 1960--- MORE THAN 14 YEARS AFTER THE DATE OF YOUR DISCHARGE--- YOUR CLAIM FOR BACK PAY WAS FIRST RECEIVED IN OUR OFFICE. YOU HAVE BEEN CORRECTLY ADVISED THAT WE ARE PROHIBITED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, FROM CONSIDERING YOUR CLAIM SINCE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED, AND, FURTHER, THAT WE HAVE NO AUTHORITY TO WAIVE THE PROVISIONS OF THAT ACT. ACCORDINGLY, EVEN IF IT WERE DETERMINED THAT AN AMOUNT IS DUE YOU INCIDENT TO YOUR ARMY SERVICE, WE WOULD NOT BE AUTHORIZED TO TAKE FAVORABLE ACTION ON YOUR CLAIM.

IN THIS CONNECTION, HOWEVER, IT IS CONSIDERED PROPER TO ADVISE YOU THAT THE RECORDS SHOW THAT AT THE TIME OF YOUR DISCHARGE, APRIL 4, 1946, YOU WERE PAID IN CASH THE AMOUNT OF $204.92, AS EVIDENCED BY VOUCHER NO. 10277 -19, APRIL 1946 ACCOUNTS OF LIEUTENANT COLONEL L. R. HARRIS. THE AMOUNT SO PAID WAS COMPUTED AS FOLLOWS:

CHART.

CREDITS BASE PAY AS A PRIVATE, MARCH 1 TO APRIL 4, 1946, AT $50 PER MONTH $56.67 FURLOUGH RATIONS, FEBRUARY 23 TO MARCH 24, 1946, AT $0.66 PER DAY 19.80 TRAVEL PAY

82.45 FIRST INSTALLMENT OF MUSTERING-OUT PAY 100.00

$258.92

CHARGES FAMILY ALLOWANCE DEDUCTIONS (CLASS F) FOR 2 MONTHS, AT $27 PER MONTH $ 54.00 PAID IN CASH 204.92

$258.92

THE RECORDS FURTHER SHOW THAT YOU WERE AFTERWARD PAID TWO ADDITIONAL INSTALLMENTS OF MUSTERING-OUT PAY, EACH IN THE AMOUNT OF $100.