B-155579, DEC. 23, 1964

B-155579, DEC. 23, 1964

TO SP/5 MELVIN BARNUM, RA 18 177 629:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 16, 1964, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED MARCH 10, 1964, WHICH DISALLOWED YOUR CLAIM FOR "LONGEVITY PAY" DURING THE PERIOD MARCH 18, 1948, TO SEPTEMBER 8, 1952, AS AN ENLISTED MEMBER OF THE UNITED STATES NAVAL RESERVE, SERVICE NUMBER 368 70 58.

YOU SAY THAT YOU SERVED IN THE UNITED STATES ARMY FROM OCTOBER 23, 1942, UNTIL YOUR DISCHARGE ON NOVEMBER 8, 1945. YOU ENTERED INTO INACTIVE SERVICE IN THE UNITED STATES NAVAL RESERVE ON MARCH 18, 1948, AND WERE DISCHARGED THEREFROM AS SEAMAN APPRENTICE ON SEPTEMBER 8, 1952, DUE TO YOUR ENLISTMENT IN THE UNITED STATES ARMY ON SEPTEMBER 9, 1952. APPARENTLY, YOU PERFORMED NO ACTIVE DUTY DURING YOUR ENLISTMENT IN THE NAVAL RESERVE. YOU CLAIM WHAT YOU HAVE DESIGNATED AS ,LONGEVITY PAY" AT THE RATE OF $15 PER MONTH FOR 2 YEARS AND $22.50 PER MONTH FOR THE PERIOD OF 2 YEARS, 5 MONTHS AND 21 DAYS, YOUR MEMBERSHIP IN THE NAVAL RESERVE HAVING LASTED FOR A PERIOD OF 4 YEARS, 5 MONTHS AND 21 DAYS.

THE U.S. NAVY FINANCE CENTER, CLEVELAND, OHIO, REPORTED BY LETTER DATED FEBRUARY 26, 1964, THAT NO NAVAL RESERVE PAY RECORDS ARE ON FILE FOR YOU AND THAT DRILL REPORTS THROUGH DECEMBER 19, 1952, HAVE BEEN DESTROYED. THE BASIS OF SUCH INFORMATION, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORDS NECESSARY TO JUSTIFY OR REFUTE YOUR CLAIM HAVE BEEN DESTROYED PURSUANT TO LAW OR OTHERWISE HAVE BECOME UNAVAILABLE AS A RESULT OF YOUR HAVING FAILED TO PRESENT YOUR CLAIM DURING THE TIME SUCH RECORDS WERE IN EXISTENCE.

WITH YOUR LETTER OF OCTOBER 16, 1964, YOU FORWARDED A LETTER DATED MAY 11, 1964, FROM THE GENERAL SERVICES ADMINISTRATION, MILITARY PERSONNEL RECORDS CENTER, ST. LOUIS, MISSOURI, WHICH DISCLOSES THAT YOU ATTENDED A TOTAL OF 17 DRILLS DURING THE QUARTERS ENDED MARCH 31, JUNE 30 AND SEPTEMBER 30, 1948; THAT YOU DID NOT ATTEND ANY DRILLS DURING THE PERIOD OCTOBER 1, 1948; TO SEPTEMBER 1, 1949, AND THAT YOU WERE NOT ASSIGNED TO AN ORGANIZED RESERVE UNIT AND DID NOT PARTICIPATE IN DRILLS SUBSEQUENT TO THE LATTER DATE.

SECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942, AS ADDED BY THE ACT OF MARCH 25, 1948, CH. 157, 62 STAT. 88, AUTHORIZED PAYMENT TO, AMONG OTHERS, ENLISTED MEMBERS OF THE NAVAL RESERVE OF COMPENSATION AT THE RATE OF 1/30 OF THE MONTHLY BASE PAY, INCLUDING LONGEVITY PAY INCREASES, AUTHORIZED FOR SUCH PERSONS WHEN ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES, FOR EACH REGULAR PERIOD OF INSTRUCTION, OR PERIOD OF APPROPRIATE DUTY, IN WHICH THEY SHALL HAVE BEEN ENGAGED FOR NOT LESS THAN 2 HOURS. HOWEVER, WE KNOW OF NO STATUTE AUTHORIZING THE PAYMENT OF ,LONGEVITY PAY" AT RATES OF $15 AND $22.50 PER MONTH FOR ANY PERIODS DURING WHICH A RESERVIST ATTENDED NO DRILLS OR PERFORMED NO ACTIVE DUTY.

THE BASIC PAY OF AN ENLISTED MAN OF THE SEVENTH PAY GRADE AT THE TIME YOU PERFORMED THE DRILLS RECORDED IN LETTER DATED MAY 11, 1964, WAS $75 PER MONTH PLUS 5 PERCENT LONGEVITY FOR EACH 3 YEARS OF SERVICE. THUS, ON THE ASSUMPTION THAT YOU WERE IN THE SEVENTH PAY GRADE AT THAT TIME, YOU SHOULD HAVE BEEN PAID $0.13 FOR LONGEVITY (BASED ON YOUR MORE THAN 3 YEARS OF ARMY SERVICE) IN ADDITION TO THE BASIC DAILY RATE OF $2.50 OR $2.63 FOR EACH DRILL ATTENDED. THE FACT THAT YOU THEREAFTER SERVED IN AN INACTIVE STATUS IN THE NAVAL RESERVE FOR APPROXIMATELY 4 YEARS IS WITHOUT SIGNIFICANCE INSOFAR AS YOUR PRESENT CLAIM IS CONCERNED, SINCE A NAVAL RESERVIST EARNS NO PAY DURING HIS INACTIVE SERVICE. EVEN IF YOU HAD BEEN ENTITLED TO AN ADDITIONAL LONGEVITY CREDIT OF 4 YEARS THE ADDITIONAL AMOUNT PAYABLE WOULD HAVE BEEN ONLY $0.13 PER DRILL.

IN VIEW OF THE TIME THAT HAS ELAPSED BETWEEN THE PERFORMANCE OF YOUR DRILLS AND THE DATE YOU FIRST MADE CLAIM FOR AN ADDITIONAL AMOUNT AND IN THE ABSENCE OF EVIDENCE SHOWING THE AMOUNTS ACTUALLY PAID YOU, IT MUST BE PRESUMED THAT YOU WERE CURRENTLY PAID AT THE CORRECT RATE. ACCORDINGLY, THE SETTLEMENT OF MARCH 10, 1964 IS SUSTAINED.