B-175894, JUL 26, 1972

B-175894: Jul 26, 1972

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SZYMANKIEWICZ: REFERENCE IS MADE TO YOUR COMMUNICATION DATED JANUARY 22. WHICH WAS FORWARDED TO THIS OFFICE BY THE NAVY FINANCE CENTER. THIS CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON APRIL 4. YOU WERE INFORMED THAT YOUR CLAIM IS UNDER CONSIDERATION AND YOU WOULD BE NOTIFIED WHEN SETTLEMENT IS MADE. WHICH WAS PAID ON OCTOBER 11. AS APPRENTICE SEAMAN FOR A PERIOD OF TWO YEARS AND WERE PLACED ON ACTIVE DUTY THE SAME DATE. YOU WERE DISCHARGED ON DECEMBER 7. THIS OFFICE HAS HELD THAT ANY PAY DUE AT DATE OF DESERTION WAS FORFEITED. 23 COMP. YOU WERE AWAITING DISCIPLINARY ACTION. STATED: "AN ENLISTED MAN RETAINED IN THE SERVICE AFTER THE EXPIRATION OF HIS ENLISTMENT AWAITING ACTION ON A COURT-MARTIAL IS NOT ENTITLED TO PAY.".

B-175894, JUL 26, 1972

MILITARY PERSONNEL - ADDITIONAL COMPENSATION DENIAL OF CLAIM BY JOSEPH E. SZYMANKIEWICZ FOR ADDITIONAL PAY DUE HIM INCIDENT TO SERVICE IN THE U. S. NAVY DURING THE PERIOD APRIL 5, 1946, THROUGH DECEMBER 7, 1948. SINCE AN ANALYSIS OF CLAIMANT'S INDIVIDUAL PAY RECORDS FOR THE PERIOD IN QUESTION REVEALS THAT HE RECEIVED ALL MONIES DUE HIM UNDER EXISTING REGULATIONS, THE CLAIM MUST BE DENIED.

TO MR. JOSEPH E. SZYMANKIEWICZ:

REFERENCE IS MADE TO YOUR COMMUNICATION DATED JANUARY 22, 1972, WHICH WAS FORWARDED TO THIS OFFICE BY THE NAVY FINANCE CENTER, CLEVELAND, OHIO 44199, CONCERNING ADDITIONAL PAY FOR YOUR SERVICE DURING THE PERIOD APRIL 5, 1946, THROUGH DECEMBER 7, 1948.

UPON YOUR DISCHARGE IN 1948 YOU FILED A CLAIM FOR AMOUNTS DUE YOU. THIS CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON APRIL 4, 1949. JULY 11, 1949, YOU WROTE TO THIS OFFICE REQUESTING INFORMATION CONCERNING YOUR CLAIM. BY LETTER DATED JULY 22, 1949, YOU WERE INFORMED THAT YOUR CLAIM IS UNDER CONSIDERATION AND YOU WOULD BE NOTIFIED WHEN SETTLEMENT IS MADE.

OUR CLAIMS DIVISION ALLOWED YOUR CLAIM BY SETTLEMENT NO. 1779129, DATED SEPTEMBER 23, 1949, WHICH WAS PAID ON OCTOBER 11, 1949, BY CHECK NUMBER 330278 IN THE SUM OF $579.24, WHICH YOU ACKNOWLEDGE RECEIVING, COMPRISING PAYMENT AS FOLLOWS:

UNUSED LEAVE (PAY $132.50, SUBSISTENCE $37.10) $169.60

TRAVEL ALLOWANCE (1,166 MILES AT $0.05) 58.30

PAY DUE AT DISCHARGE 351.34

TOTAL $579.24

THE RECORD SHOWS THAT YOU ENLISTED ON APRIL 5, 1946, AS APPRENTICE SEAMAN FOR A PERIOD OF TWO YEARS AND WERE PLACED ON ACTIVE DUTY THE SAME DATE. YOU WERE DISCHARGED ON DECEMBER 7, 1948, WITH A GENERAL DISCHARGE BY REASON OF UNSUITABILITY.

THE RECORD FURTHER SHOWS THAT DURING YOUR SERVICE YOU HAD TWO PERIODS OF DESERTION, AUGUST 26, 1946, TO FEBRUARY 18, 1947, AND MARCH 15, 1947, TO JULY 29, 1947. THIS OFFICE HAS HELD THAT ANY PAY DUE AT DATE OF DESERTION WAS FORFEITED. 23 COMP. GEN. 44 (1943). IT ALSO APPEARS THAT AT THE EXPIRATION OF YOUR ENLISTMENT ON APRIL 4, 1948, YOU WERE AWAITING DISCIPLINARY ACTION.

THE REGULATIONS THEN IN EFFECT, DEPARTMENT OF THE NAVY, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, VOLUME V, PARAGRAPH 54218-2, STATED:

"AN ENLISTED MAN RETAINED IN THE SERVICE AFTER THE EXPIRATION OF HIS ENLISTMENT AWAITING ACTION ON A COURT-MARTIAL IS NOT ENTITLED TO PAY."

IN ACCORDANCE WITH THIS REGULATION YOU WERE NOT ENTITLED TO PAY AFTER APRIL 4, 1948.

THE RECORDS INDICATE THAT IN COMPLIANCE WITH A BOARD OF MEDICAL SURVEY OPINION THAT DISCIPLINARY ACTION MIGHT HAVE A DELETERIOUS EFFECT YOU WERE RECOMMENDED FOR DISCHARGE. YOU WERE SUBSEQUENTLY GIVEN A GENERAL DISCHARGE, AND MADE CLAIM FOR ARREARS OF PAY, ETC., DUE WHICH WAS ALLOWED BY SETTLEMENT REFERRED TO ABOVE.

AN ANALYSIS OF YOUR PAY RECORDS DURING YOUR PERIOD OF SERVICE SHOWS THE FOLLOWING:

CREDITS

PAY AS APPRENTICE SEAMAN 4/5/46 TO 6/30/46

(2 MONTHS 26 DAYS) AT $50.00 $ 143.33

PAY AS SEAMAN 2C 6/19/46 TO 6/30/46 (12 DAYS)

AT $54.00 21.60

PAY AS SEAMAN 2C 7/1/46 TO 8/26/46 (1 MONTH

26 DAYS) AT $80.00 149.33

(MEMBER DESERTED 8/26/46 TO 2/18/47)

PAY AS APPRENTICE SEAMAN 2/19/47 TO 3/15/47

(27 DAYS) AT $75.00 67.50

(MEMBER DESERTED 3/15/47 TO 7/29/47)

PAY AS APPRENTICE SEAMAN 7/30/47 TO 12/31/47

(5 MONTHS 1 DAY) AT $75.00 377.50

PAY AS SEAMAN RECRUIT 1/1/47 TO 4/4/48

(3 MONTHS 4 DAYS) AT $75.00 235.00

(NO PAY 4/5/48 TO 12/7/48 PER BUSANDA

MANUAL, VOLUME V, 54218-2)

INITIAL CASH CLOTHING ALLOWANCE $134.20 LESS

$7.45 CARRIED FORWARD 126.75

CASH CLOTHING ALLOWANCE 12.00

REFUND OF NS1 ALLOTMENT FOR MAY AND JUNE 1946,

CASH CLOTHING ALLOWANCE 12.80

STOPPED APRIL 1946 12.80

TOTAL CREDITS $1,145.81

DEBITS

CLASS N ALLOTMENT FOR MARCH, APRIL, MAY

AND JUNE 1946 AT $6.40 $ 25.60

AWOL 5/18/46 TO 5/22/46 (5 DAYS) AT

$50.00 $ 8.33

AWOL 6/1/46 TO 6/30/46 (30 DAYS) AT

$50.00 50.00 58.33

CLOTHING AND SMALL STORES:

4/ 6/46 $ 20.30

4/ 6/46 105.25

6/17/46 1.20

5/18/48 2.43

5/25/48 8.05

7/ 7/48 3.37

7/20/48 2.07 142.67

FORFEITURES:

DUE AT DESERTION 8/26/46 $170.93

DUE AT DESERTION 3/15/47 67.50 238.43

CASH AND CHECK PAYMENTS:

$ 5.00

10.00

75.00

75.00

100.00

4.75

30.00 299.75

CIVILIAN CLOTHING FURNISHED AT DISCHARGE 29.69

PAY DUE AT DISCHARGE AND INCLUDED IN THE

AMOUNT OF $579.24 ALLOWED BY SETTLEMENT

OF SEPTEMBER 23, 1949 351.34

TOTAL DEBITS $1,145.81

THUS IT APPEARS FROM AN EXAMINATION OF YOUR PAY ACCOUNT THAT YOU WERE CREDITED WITH PAY AND ALLOWANCES FOR ALL PERIODS OF YOUR CLAIM FOR WHICH YOU WERE ENTITLED. ACCORDINGLY, OUR SETTLEMENT OF SEPTEMBER 23, 1949, IS SUSTAINED AND NO ADDITIONAL SUMS ARE DUE YOU.