B-159240, JUN. 28, 1966

B-159240: Jun 28, 1966

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DANIELS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 28. THAT YOUR HOME OF RECORD WAS DEXTER. THAT YOU SUBSEQUENTLY WERE TRIED BY GENERAL COURT MARTIAL FOR VIOLATION OF THE 94TH AND 96TH ARTICLES OF WAR AND FOUND GUILTY. WAS FOR DISHONORABLE DISCHARGE. YOU WERE CONFINED TO U.S. WERE DISHONORABLY DISCHARGED DECEMBER 29. PROVIDES THAT EVERY SOLDIER WHO IS CONFINED FOR MORE THAN ONE DAY UNDER SENTENCE. 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. YOU WERE NOT RESTORED TO A DUTY STATUS AND CONSEQUENTLY HAVE A TOTAL OF 184 DAYS LOST.

B-159240, JUN. 28, 1966

TO MR. FORREST A. DANIELS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 28, 1966, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 14, 1966, WHICH ALLOWED $13.50 AS TRAVEL ALLOWANCE FROM FORT LEAVENWORTH, KANSAS, TO DEXTER, IOWA, INCIDENT TO YOUR DISCHARGE AS PRIVATE, ARMY OF THE UNITED STATES, ON DECEMBER 29, 1920, ON THE BASIS OF YOUR RECORDS AS CORRECTED ON NOVEMBER 11, 1965, AND DISALLOWED FURTHER PAY AND ALLOWANCES INCIDENT TO THE CORRECTION.

THE RECORD SHOWS THAT ON FEBRUARY 24, 1920, YOU ENLISTED IN THE ARMY OF THE UNITED STATES FOR 3 YEARS AT CAMP DODGE, IOWA; THAT YOUR HOME OF RECORD WAS DEXTER, IOWA, AND THAT YOU SUBSEQUENTLY WERE TRIED BY GENERAL COURT MARTIAL FOR VIOLATION OF THE 94TH AND 96TH ARTICLES OF WAR AND FOUND GUILTY. THE SENTENCE IMPOSED BY GENERAL COURT MARTIAL NO. 21, HEADQUARTERS 4TH DIVISION, ON JULY 23, 1920, WAS FOR DISHONORABLE DISCHARGE, FORFEITURE FOR ALL PAY AND ALLOWANCES AND CONFINEMENT AT HARD LABOR FOR 6 MONTHS. YOU WERE CONFINED TO U.S. DISCIPLINARY BARRACKS AT FORT LEAVENWORTH, KANSAS, ON JULY 28, 1920, AND WERE DISHONORABLY DISCHARGED DECEMBER 29, 1920, HAVING LOST 184 DAYS UNDER ARTICLE OF WAR 107.

ARTICLE OF WAR 107, 41 STAT. 809, PROVIDES THAT EVERY SOLDIER WHO IS CONFINED FOR MORE THAN ONE DAY UNDER SENTENCE, SHALL BE LIABLE TO SERVE, AFTER HIS RETURN TO A 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. YOU WERE NOT RESTORED TO A DUTY STATUS AND CONSEQUENTLY HAVE A TOTAL OF 184 DAYS LOST, THAT IS, DAYS ON WHICH YOU DID NOT SERVE IN A PAY STATUS BUT FOR WHICH YOU NOW APPARENTLY BELIEVE YOU ARE ENTITLED TO PAY BECAUSE OF THE CORRECTION OF YOUR MILITARY RECORD.

ON NOVEMBER 11, 1965, THE SECRETARY OF THE ARMY APPROVED THE RECOMMENDATION OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS, UNDER THE PROVISIONS OF 10 U.S.C. 1552, AND DIRECTED (1) THAT ALL THE DEPARTMENT OF THE ARMY RECORDS PERTAINING TO YOUR SERVICE BE CORRECTED TO SHOW YOU WERE SEPARATED FROM THE ARMY OF THE UNITED STATES WITH A CERTIFICATE OF HONORABLE DISCHARGE DATED DECEMBER 29, 1920, AND (2) THAT THE DEPARTMENT OF THE ARMY ISSUE TO YOU A CERTIFICATE OF HONORABLE DISCHARGE DATED DECEMBER 29, 1920, IN LIEU OF THE DISHONORABLE DISCHARGE OF THE SAME DATE. SUCH ACTION WAS TAKEN BY THE DEPARTMENT OF THE ARMY. NO OTHER CORRECTION WAS MADE IN YOUR RECORD.

SECTION 1552, TITLE 10, U.S.C. PROVIDES THAT THE SECRETARY OF A MILITARY DEPARTMENT, UNDER PROCEDURES ESTABLISHED BY HIM AND APPROVED BY THE SECRETARY OF DEFENSE, AND ACTING THROUGH BOARDS OF CIVILIANS OF THE EXECUTIVE PART OF THAT MILITARY DEPARTMENT, MAY CORRECT ANY MILITARY RECORD OF THAT DEPARTMENT WHEN HE CONSIDERS IT NECESSARY TO CORRECT AN ERROR OR REMOVE AN INJUSTICE. EXCEPT WHEN PROCURED BY FRAUD, A CORRECTION UNDER THIS SECTION IS FINAL AND CONCLUSIVE ON ALL OFFICERS OF THE UNITED STATES AND THE MEMBER BECOMES ENTITLED TO ALL THE BENEFITS DUE ON THE BASIS OF THE FACTS AS SHOWN IN THE CORRECTION.

THUS, UPON CORRECTION OF THE RECORDS TO SHOW THAT YOU WERE HONORABLY DISCHARGED ON DECEMBER 29, 1920, YOU BECAME ENTITLED TO A CERTIFICATE OF HONORABLE DISCHARGE AND TO MILEAGE FROM LAST STATION TO HOME OF RECORD. HOWEVER, SINCE THERE WAS NO CORRECTION IN THE COURT MARTIAL SENTENCE OF JULY 23, 1920, OR OTHER RECORD TO SHOW THAT YOUR DUTY STATUS WAS RESTORED FOR THE PERIOD OF YOUR CONFINEMENT FOR PAY PURPOSES, YOU ARE NOT ENTITLED TO ANY PAY AND ALLOWANCES FOR THE LOST DAYS.

SINCE THE SETTLEMENT OF FEBRUARY 14, 1966, ALLOWED YOU MILEAGE FROM LAST STATION TO HOME AS FOR AN HONORABLE DISCHARGE, IT WAS CORRECT AND IS SUSTAINED.