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B-161564, AUG. 15, 1967

B-161564 Aug 15, 1967
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A FORMER ENLISTED MEMBER WHOSE RECORDS WERE CORRECTED TO CHANGE A DISCHARGE FROM DISHONORABLE TO HONORABLE BUT WHOSE COURT-MARTIAL SENTENCE WITH RESPECT TO REDUCTION IN GRADE AND FORFEITURE OF PAY WAS NOT CHANGED IS NOT ENTITLED TO ANY AMOUNT OTHER THAN BONUS WHICH WAS PAID AS RESULT OF RECORD CORRECTION. TO KENTUCKY 42041 FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED MAY 10 AND MAY 25. AS A BONUS PAYABLE TO VETERANS OF WORLD WAR I WHO WERE HONORABLY DISCHARGED. SUCH PAYMENT WAS ALLOWED ON THE BASIS OF THE RECENT ACTION TAKEN BY THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS WHICH HAD THE EFFECT OF CHANGING THE CHARACTER OF YOUR 1920 ARMY DISCHARGE FROM DISHONORABLE TO HONORABLE. IT APPEARS TO BE YOUR BELIEF THAT SINCE THE CERTIFICATE OF HONORABLE DISCHARGE WHICH WAS ISSUED AS THE RESULT OF THE CORRECTION BOARD ACTION IN YOUR CASE STATES THAT IT WAS ISSUED AS A TESTIMONIAL OF HONEST AND FAITHFUL SERVICE.

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B-161564, AUG. 15, 1967

ARMED SERVICES - DISCHARGE CHANGE DECISION TO FORMER ENLISTED MEMBER DURING WORLD WAR I WHO CLAIMS BACK PAY AND ALLOWANCES RESULTING FROM CORRECTION OF RECORDS. A FORMER ENLISTED MEMBER WHOSE RECORDS WERE CORRECTED TO CHANGE A DISCHARGE FROM DISHONORABLE TO HONORABLE BUT WHOSE COURT-MARTIAL SENTENCE WITH RESPECT TO REDUCTION IN GRADE AND FORFEITURE OF PAY WAS NOT CHANGED IS NOT ENTITLED TO ANY AMOUNT OTHER THAN BONUS WHICH WAS PAID AS RESULT OF RECORD CORRECTION.

TO KENTUCKY 42041

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED MAY 10 AND MAY 25, 1967, CONCERNING YOUR CLAIM FOR BACK PAY AND ALLOWANCES BELIEVED DUE YOU INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY DURING WORLD WAR I.

BY SETTLEMENT OF APRIL 25, 1967, OUR CLAIMS DIVISION ALLOWED YOU THE AMOUNT OF $60 AUTHORIZED BY SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, CH. 18, 40 STAT. 1151, AS A BONUS PAYABLE TO VETERANS OF WORLD WAR I WHO WERE HONORABLY DISCHARGED. SUCH PAYMENT WAS ALLOWED ON THE BASIS OF THE RECENT ACTION TAKEN BY THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS WHICH HAD THE EFFECT OF CHANGING THE CHARACTER OF YOUR 1920 ARMY DISCHARGE FROM DISHONORABLE TO HONORABLE.

IT APPEARS TO BE YOUR BELIEF THAT SINCE THE CERTIFICATE OF HONORABLE DISCHARGE WHICH WAS ISSUED AS THE RESULT OF THE CORRECTION BOARD ACTION IN YOUR CASE STATES THAT IT WAS ISSUED AS A TESTIMONIAL OF HONEST AND FAITHFUL SERVICE, YOU ARE ENTITLED TO BACK PAY AND ALLOWANCES FROM MAY 24, 1919, TO THE DATE OF YOUR DISCHARGE ON JULY 31, 1920, IN ADDITION TO THE $60 BONUS RECEIVED BY YOU.

IT APPEARS THAT AFTER YOUR CONVICTION ON CERTAIN CHARGES IN MAY 1919, GENERAL COURT-MARTIAL ORDER NO. 310 DIRECTED THAT YOU BE REDUCED FROM THE RANK OF SERGEANT TO THAT OF PRIVATE, THAT YOU FORFEIT ALL PAY AND ALLOWANCES "DUE OR TO BECOME DUE," THAT YOU BE CONFINED AT HARD LABOR FOR FIVE YEARS AND THAT YOU BE DISHONORABLY DISCHARGED FROM THE ARMY. YOU WERE RELEASED FROM CONFINEMENT ON JULY 31, 1920, AT WHICH TIME THE UNEXECUTED PORTION OF THE SENTENCE OF CONFINEMENT WAS REMITTED AND YOU WERE THEN ISSUED A DISHONORABLE DISCHARGE.

ON THE BASIS OF THE INFORMATION SUBMITTED TO THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS, IT WAS CONCLUDED THAT "SO MUCH OF THE SENTENCE OF THE COURT AS IMPOSED A PUNITIVE DISCHARGE AND THE EXECUTION THEREOF WAS EXCESSIVE AND THEREFORE UNJUST.' THE CORRECTION BOARD ACCORDINGLY RECOMMENDED AND THE SECRETARY OF THE ARMY ON JANUARY 17, 1967, APPROVED THE FOLLOWING:

"1. THAT ALL OF THE DEPARTMENT OF THE ARMY RECORDS OF -------- BE CORRECTED TO SHOW THAT HE WAS HONORABLY DISCHARGED FROM THE ARMY OF THE UNITED STATES ON 31 JULY 1920.

"2. THAT THE DEPARTMENT ISSUE TO -------- A CERTIFICATE OF HONORABLE DISCHARGE DATED 31 JULY 1920, IN LIEU OF THE DISHONORABLE DISCHARGE ISSUED HIM ON THAT DATE.'

ALTHOUGH YOUR SERVICE RECORD NOW SHOWS THAT YOU WERE HONORABLY DISCHARGED FROM THE ARMY ONLY THAT PART OF YOUR RECORD WHICH RELATED TO A DISHONORABLE DISCHARGE IN 1920 WAS CHANGED BY THE CORRECTION BOARD'S RECENT ACTION. THE COURT-MARTIAL SENTENCE WITH RESPECT TO REDUCTION IN GRADE AND FORFEITURE OF PAY AND ALLOWANCES REMAINS IN FULL FORCE AND EFFECT AS A PART OF YOUR CORRECTED SERVICE RECORD. BASED ON THIS RECORD, THE ONLY ADDITIONAL SUM OF MONEY TO WHICH YOU BECAME ENTITLED WAS THE BONUS OF $60. SINCE OUR FILE INDICATES THAT YOU HAVE RECEIVED THIS AMOUNT IT APPEARS THAT YOU HAVE RECEIVED THE FULL AMOUNT TO WHICH YOU WERE ENTITLED AS A RESULT OF THE CORRECTION OF YOUR RECORDS.

ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED. THE PAPERS SUBMITTED WITH YOUR LETTER OF MAY 10, 1967, ARE RETURNED HEREWITH.

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