B-146675, SEP. 5, 1961

B-146675: Sep 5, 1961

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JEROME: FURTHER REFERENCE IS MADE TO YOUR LETTER. CONCERNING YOUR CLAIM FOR FURLOUGH PAY (TERMINAL LEAVE) INCIDENT TO YOUR SERVICE IN THE ARMY FROM WHICH YOU WERE DISCHARGED AUGUST 17. YOUR CLAIM WAS ORIGINALLY DENIED BY OUR CLAIMS DIVISION ON DECEMBER 8. ON THE ASSUMPTION THAT SUCH CLAIM WAS BARRED BY THE ACT OF OCTOBER 9. YOUR CLAIM WAS FURTHER DEVELOPED AND ON THE BASIS OF A REPORT FROM THE DEPARTMENT OF THE ARMY OUR CLAIMS DIVISION DENIED YOUR CLAIM ON JUNE 18. FOR THE REASON THAT YOUR APPLICATION FOR FURLOUGH PAY WAS NOT FILED UNTIL NOVEMBER 1960. 37 U.S.C. 34 (A) YOU WERE REQUIRED AS AN ENLISTED MEMBER DISCHARGED PRIOR TO SEPTEMBER 1. THE TIME LIMIT FOR THE FILING WAS EXTENDED TO SEPTEMBER 1.

B-146675, SEP. 5, 1961

TO MR. RICHARD J. JEROME:

FURTHER REFERENCE IS MADE TO YOUR LETTER, WITH ENCLOSURE, RECEIVED HERE AUGUST 3, 1961, CONCERNING YOUR CLAIM FOR FURLOUGH PAY (TERMINAL LEAVE) INCIDENT TO YOUR SERVICE IN THE ARMY FROM WHICH YOU WERE DISCHARGED AUGUST 17, 1945.

YOUR CLAIM WAS ORIGINALLY DENIED BY OUR CLAIMS DIVISION ON DECEMBER 8, 1960, ON THE ASSUMPTION THAT SUCH CLAIM WAS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. LATER, AFTER RECEIPT OF A FURTHER LETTER FROM YOU, YOUR CLAIM WAS FURTHER DEVELOPED AND ON THE BASIS OF A REPORT FROM THE DEPARTMENT OF THE ARMY OUR CLAIMS DIVISION DENIED YOUR CLAIM ON JUNE 18, 1961, FOR THE REASON THAT YOUR APPLICATION FOR FURLOUGH PAY WAS NOT FILED UNTIL NOVEMBER 1960, AND UNDER THE PROVISIONS OF SECTION 5 (A) OF THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 965, AS AMENDED BY THE ACT OF APRIL 26, 1950, 64 STAT. 88, 37 U.S.C. 34 (A) YOU WERE REQUIRED AS AN ENLISTED MEMBER DISCHARGED PRIOR TO SEPTEMBER 1, 1946, TO FILE YOUR APPLICATION WITH THE SECRETARY OF THE ARMY, OR HIS DESIGNATED REPRESENTATIVES, NOT LATER THAN JUNE 30, 1951. THE DEPARTMENT OF THE ARMY HAS REPORTED THAT THE RECORDS OF THAT OFFICE FAIL TO SHOW RECEIPT OF A CLAIM FROM YOU FOR UNUSED ACCRUED LEAVE (TERMINAL LEAVE PAY).

SECTION 5 (A) OF THE ARMED FORCES LEAVE ACT OF 1946, AS ORIGINALLY ENACTED, PROVIDED THAT FORMER ENLISTED MEMBERS COULD BE COMPENSATED FOR UNUSED LEAVE IF THEY FILED APPLICATION THEREFOR NOT LATER THAN SEPTEMBER 1, 1947. BY THE ACT OF JULY 26, 1947, 61 STAT. 510, THE TIME LIMIT FOR THE FILING WAS EXTENDED TO SEPTEMBER 1, 1948. THE ACT OF APRIL 26, 1950, FURTHER EXTENDED SUCH TIME LIMIT TO JUNE 30, 1951.

IT IS UNFORTUNATE THAT YOUR CLAIM WAS NOT FILED WITH THE SECRETARY OF THE ARMY WITHIN THE PRESCRIBED TIME, JUNE 30, 1951, SO THAT IT COULD HAVE BEEN CONSIDERED ON ITS MERITS. HOWEVER, THE PROVISIONS OF SECTION 5 OF THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, ARE SUCH AS TO BAR CONSIDERATION OF CLAIMS FILED AFTER JUNE 30, 1951.

ACCORDINGLY, WE TRUST YOU WILL UNDERSTAND THAT WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.