B-154850, SEP. 2, 1964

B-154850, SEP. 2, 1964

TO MR. LEONARD BRINEGAR:

THERE HAS BEEN RECEIVED HERE FOR REPLY YOUR LETTER DATED MAY 21, 1964, ADDRESSED TO THE SETTLEMENT DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED APRIL 19, 1950, DISALLOWING YOUR CLAIM FOR ADDITIONAL LONGEVITY PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE AS A MEMBER OF THE UNITED STATES ARMY.

BY LETTER DATED JANUARY 6, 1950, YOU CLAIMED THE DIFFERENCE BETWEEN 5 PERCENT LONGEVITY PAY RECEIVED AND 10 PERCENT TO WHICH YOU BELIEVED YOU WERE ENTITLED. A COMPLETE TRANSCRIPT OF YOUR ARMY PAY COVERING THE PERIOD FROM APRIL 15, 1943, DATE YOU ENTERED ON ACTIVE DUTY, TO AUGUST 6, 1945, DISCLOSES THAT ALTHOUGH YOUR NATIONAL GUARD SERVICE WAS OVERLOOKED AND YOU WERE AT FIRST PAID AS A PRIVATE AND PRIVATE FIRST CLASS WITH NO YEARS OF SERVICE, YOUR PAY UP TO FEBRUARY 28, 1945, WAS ADJUSTED AND YOU WERE ALLOWED THE DIFFERENCE IN PAY BETWEEN ZERO PERCENT AND 5 PERCENT FOR LONGEVITY AND THEREAFTER PAID CURRENTLY THE 5 PERCENT LONGEVITY DUE YOU UNTIL JUNE 25, 1945, FROM WHICH DATE YOU WERE PAID AT THE RATE OF 10 PERCENT FOR LONGEVITY, ALTHOUGH YOU DID NOT COMPLETE 6 YEARS OF SERVICE UNTIL JULY 2, 1945, RESULTING IN AN OVERPAYMENT OF $0.42. ALSO, YOU WERE ERRONEOUSLY ALLOWED 5 PERCENT FOR LONGEVITY IN THE AMOUNT OF $0.25 FOR THE PERIOD FEBRUARY 11 TO 13, 1945,DURING THE TIME YOU WERE ABSENT WITHOUT LEAVE AND DID NOT RECEIVE PAY. THUS YOU WERE OVERPAID LONGEVITY IN THE TOTAL AMOUNT OF $0.67.

YOU WERE ADVISED BY SETTLEMENT OF APRIL 19, 1950, THAT BECAUSE OF YOUR LOST TIME--- 27 DAYS ON ACCOUNT OF ABSENCE WITHOUT LEAVE AND 128 DAYS DUE TO CONFINEMENT FROM MARCH 16 TO JULY 21, 1944--- WHICH CANNOT BE COUNTED FOR LONGEVITY, YOU DID NOT COMPLETE 6 YEARS OF SERVICE UNTIL JULY 2, 1945. IN YOUR LETTER DATED MAY 21, 1964, YOU CLAIM THE DIFFERENCE IN LONGEVITY PAY OF 5 PERCENT AND 2 1/2 PERCENT THAT YOU SAY YOU RECEIVED FOR THE PERIOD OF YOUR SERVICE IN THE ARMY FROM APRIL 15, 1943, TO AUGUST 6, 1945. YOU ARE APPARENTLY CONFUSED AS TO THE RATES OF LONGEVITY PAY SINCE, AS STATED ABOVE, YOU RECEIVED LONGEVITY AT THE RATE OF 5 PERCENT AND 10 PERCENT DURING THE PERIOD OF YOUR SERVICE AND AT NO TIME WAS THE RATE OF 2 1/2 PERCENT IN EFFECT. IT MAY BE THAT YOU BELIEVE YOU ARE ENTITLED TO THE 10 PERCENT RATE AT AN EARLIER DATE THAN JULY 3, 1945, BASED ON THE TIME YOU WERE CONFINED FROM MARCH 16 TO JULY 21, 1944, SINCE YOU STATE YOU WERE A CLASS A PRISONER, DREW YOUR BASE PAY, PAID A FINE OF $200 AND WORKED EVERY DAY OUTSIDE THE GUARDHOUSE.

THE 107TH ARTICLE OF WAR, ACT OF JUNE 4, 1920, CH. 227, 41 STAT. 809, 10 U.S.C. 1579, 1940 ED., IN EFFECT DURING THE PERIOD OF YOUR ARMY SERVICE PROVIDED THAT:

"EVERY SOLDIER WHO IN AN EXISTING OR SUBSEQUENT ENLISTMENT * * * IS CONFINED FOR MORE THAN ONE DAY UNDER SENTENCE * * * SHALL BE LIABLE TO SERVE, AFTER HIS RETURN TO FULL-DUTY STATUS, FOR SUCH PERIOD AS SHALL, WITH THE TIME HE MAY HAVE SERVED PRIOR TO SUCH * * * CONFINEMENT * * * AMOUNT TO THE FULL TERM OF THAT PART OF HIS ENLISTMENT PERIOD WHICH HE IS REQUIRED TO SERVE WITH HIS ORGANIZATION BEFORE BEING FURLOUGHED TO THE ARMY RESERVE.

YOUR INDUCTION ON APRIL 13, 1943, WAS FOR THE DURATION OF THE WAR. HAVING BEEN SENTENCED TO BE CONFINED AT HARD LABOR FOR 6 MONTHS BY COURT- MARTIAL ORDER APPROVED FEBRUARY 9, 1944, ANNOUNCED AND ADJUDGED FEBRUARY 8, 1944, AND HAVING BEEN CONFINED FROM MARCH 16 TO JULY 21, 1944, PURSUANT TO COURT-MARTIAL ORDER NO. 57, DATED MARCH 16, 1944, YOUR SERVICE DURING CONFINEMENT MAY NOT BE CONSIDERED GOOD TIME FOR THE PURPOSES OF LONGEVITY PAY EVEN THOUGH YOU RECEIVED PAY AND PERFORMED LABOR OUTSIDE THE GUARDHOUSE DURING THAT PERIOD. SINCE YOU WERE PAID THE LONGEVITY PAY TO WHICH YOU WERE ENTITLED DURING THE PERIOD OF YOUR MILITARY SERVICE, NO AMOUNT IS FOUND DUE YOU AND THE SETTLEMENT OF APRIL 19, 1950, WAS CORRECT AND MUST BE SUSTAINED.