B-158102, DEC. 14, 1965

B-158102: Dec 14, 1965

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

GLENN ROY MILLER: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5. THAT YOU WERE PAID $217.25 IN THE FORM OF "A TERMINAL LEAVE BOND. YOUR ATTENTION IS INVITED TO THE FACT THAT AFTER ENACTMENT OF SECTION 4 (C) OF THE ARMED FORCES LEAVE ACT OF 1946. WAS REQUIRED TO BE COMPENSATED FOR ACCRUED LEAVE "IN CASH ON THE BASIS OF THE BASE AND LONGEVITY PAY AND ALLOWANCES APPLICABLE TO SUCH MEMBER ON THE DATE OF DISCHARGE.'. IF YOU WERE COMPENSATED AFTER AUGUST 4. PAYMENT FOR SUCH ACCRUED LEAVE APPARENTLY WOULD HAVE BEEN MADE IN CASH. IT APPEARS THAT PAYMENT WOULD HAVE BEEN MADE IN BONDS FOR LEAVE WHICH ACCRUED DURING AN ENLISTMENT WHICH TERMINATED IN 1945. YOU WOULD HAVE EARNED APPROXIMATELY 44 DAYS' LEAVE.

B-158102, DEC. 14, 1965

TO MR. GLENN ROY MILLER:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5, 1965, IN EFFECT REQUESTING REVIEW OF SETTLEMENT OF OCTOBER 28, 1965, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT IN CONNECTION WITH UNUSED LEAVE EARNED PRIOR TO YOUR FIRST DISCHARGE FROM THE UNITED STATES ARMY ON OCTOBER 12, 1945, AND FOR MUSTERING-OUT PAY ALLEGEDLY DUE YOU UPON YOUR SECOND DISCHARGE FROM THE ARMY ON JULY 25, 1947. YOU STATE THAT SOMETIME IN SEPTEMBER OF 1947 YOU FILED A CLAIM FOR UNUSED LEAVE AND MUSTERING-OUT PAY ON A FORM OBTAINED IN A U.S. POST OFFICE; THAT YOU WERE PAID $217.25 IN THE FORM OF "A TERMINAL LEAVE BOND; " AND THAT SUCH PAYMENT COVERED THE ACCRUED LEAVE DUE UPON YOUR SECOND DISCHARGE.

YOUR ATTENTION IS INVITED TO THE FACT THAT AFTER ENACTMENT OF SECTION 4 (C) OF THE ARMED FORCES LEAVE ACT OF 1946, AS ADDED BY SECTION 1 OF THE ACT OF AUGUST 4, 1947, CH. 475, 61 STAT. 748, ANY MEMBER OF THE ARMED FORCES DISCHARGED AFTER AUGUST 31, 1946, WAS REQUIRED TO BE COMPENSATED FOR ACCRUED LEAVE "IN CASH ON THE BASIS OF THE BASE AND LONGEVITY PAY AND ALLOWANCES APPLICABLE TO SUCH MEMBER ON THE DATE OF DISCHARGE.' IF YOU WERE COMPENSATED AFTER AUGUST 4, 1947, FOR THE ACCRUED LEAVE DUE AT THE TIME OF YOUR DISCHARGE ON JULY 25, 1947, PAYMENT FOR SUCH ACCRUED LEAVE APPARENTLY WOULD HAVE BEEN MADE IN CASH, NOT BONDS. HOWEVER, IT APPEARS THAT PAYMENT WOULD HAVE BEEN MADE IN BONDS FOR LEAVE WHICH ACCRUED DURING AN ENLISTMENT WHICH TERMINATED IN 1945. ALSO, DURING THE SLIGHTLY MORE THAN 17 MONTHS OF YOUR SECOND ENLISTMENT, YOU WOULD HAVE EARNED APPROXIMATELY 44 DAYS' LEAVE. WHILE OUR RECORDS DO NOT DISCLOSE THE GRADE IN WHICH YOU SERVED, PAYMENT FOR 44 DAYS' ACCRUED LEAVE TO A PRIVATE FIRST CLASS WITH OVER 3 YEARS' SERVICE (AT THE RATE OF $84 PER MONTH PLUS SUBSISTENCE ALLOWANCE AT 70 CENTS PER DAY) WOULD HAVE BEEN ONLY $154.

IT WOULD SEEM, THEREFORE, THAT IF YOU WERE PAID $217.25 IN BONDS FOR ACCRUED LEAVE AFTER FILING CLAIM THEREFOR IN SEPTEMBER 1947, SUCH PAYMENT COVERED ACCRUED LEAVE FOR YOUR FIRST ENLISTMENT. DURING THAT ENLISTMENT OF APPROXIMATELY 3 YEARS AND 10 MONTHS YOU WOULD HAVE EARNED ABOUT 115 DAYS' LEAVE. SINCE YOU STATE THAT YOU WERE GIVEN 30 DAYS' LEAVE UPON YOUR ARRIVAL AT FORT MACARTHUR PENDING DISCHARGE ON OCTOBER 19, 1945, YOUR ACCRUED LEAVE COULD NOT HAVE EXCEEDED 85 DAYS. PAYMENT FOR THAT NUMBER OF DAYS TO A PRIVATE FIRST CLASS WITH OVER 3 YEARS' SERVICE (AT THE RATE OF $56.70 PER MONTH PLUS SUBSISTENCE ALLOWANCE OF 70 CENTS PER DAY) WOULD BE APPROXIMATELY $220, OR SLIGHTLY MORE THAN YOU SAY YOU RECEIVED.

CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY, YOU STATE THAT YOU RECEIVED SUCH PAY IN CONNECTION WITH DISCHARGE FROM YOUR FIRST ENLISTMENT ONLY. SINCE SECTION 3 OF THE MUSTERING-OUT PAYMENT ACT OF 1946, CH. 9, 58 STAT. 8, PROVIDED THAT "NO MEMBER OF THE ARMED FORCES SHALL RECEIVE MUSTERING- OUT PAYMENT UNDER THIS ACT MORE THAN ONCE," NO RIGHT TO MUSTERING-OUT PAY ACCRUED TO YOU AT THE TIME OF YOUR SECOND DISCHARGE.

IT IS ASSUMED THAT YOU HAVE BEEN PAID FOR THE ACCRUED LEAVE CREDITED TO YOU AT THE TIME OF YOUR SECOND DISCHARGE. HOWEVER, IF SUCH PAYMENT WAS NOT MADE, CONSIDERATION OF YOUR CLAIM FOR THE AMOUNT DUE WOULD BE BARRED BY THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, WHICH PROVIDES THAT ANY CLAIM OR DEMAND AGAINST THE UNITED STATES(WITH EXCEPTIONS NOT HERE RELEVANT) COGNIZABLE BY THIS OFFICE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL JUNE 3, 1965, MORE THAN 10 YEARS AFTER YOU WERE DISCHARGED IN 1947. A CLAIM FILED WITH ANY OTHER GOVERNMENT AGENCY SUCH AS DEPARTMENT OF THE ARMY DOES NOT MEET THE REQUIREMENTS OF THE STATUTE.