B-194481.OM, L/M, MAR 31, 1980

B-194481.OM, L/M, MAR 31, 1980

SUBJECT: CALVIN L. GRAHAM - B-194481-O.M.

ASSOCIATE DIRECTOR, FGMSD - CLAIMS GROUP (ROOM 5858):

RETURNED HEREWITH IS CLAIM FILE Z-2807075 PERTAINING TO THE CLAIM OF CALVIN GRAHAM, FOR UNPAID PAY AND ALLOWANCES RELATIVE TO HIS SERVICE IN THE UNITED STATES NAVY FROM AUGUST 16, 1942, THROUGH APRIL 5, 1943.

UPON RECONSIDERATION WE HAVE DETERMINED THAT THE FOLLOWING SUMS SHOULD BE PAID TO MR. GRAHAM:

1). THE SUM OF $26.25 FOR UNPAID BASIC PAY;

2). THE SUM OF $300 FOR MUSTERING-OUT PAY; AND

3). THE SUM OF $10.75 FOR TRANSPORTATION EXPENSES 5 CENTS PER MILE FOR THE OFFICIAL DISTANCE (215 MILES) BETWEEN CORPUS CHRISTI AND HOUSTON, TEXAS.

OUR RESEARCH OF THE LEGISLATIVE HISTORY OF THE ACT OF SEPTEMBER 24, 1945; 59 STAT. 536, WHICH AUTHORIZED THE PAYMENT OF UNPAID PAY AND ALLOWANCES AND TRANSPORTATION EXPENSES TO ENLISTED MEMBERS OF THE NAVY, MARINES AND COAST GUARD WHO ARE RELEASED BECAUSE OF FRAUDULENT ENLISTMENTS FOR UNDERAGE, REVEALS THAT THE ARMY HAD BEEN MAKING MUSTERING-OUT PAYMENTS FOR WORLD WAR II SERVICE TO UNDERAGE ENLISTED PERSONNEL DISCHARGED FROM THE ARMY SINCE THE INCEPTION OF THE MUSTERING OUT PAYMENT ACT OF 1944, 58 STAT. 8. THUS, HAD MR. GRAHAM ENLISTED IN THE ARMY INSTEAD OF THE NAVY AND SERVED UNDER SIMILAR CIRCUMSTANCES, HE WOULD HAVE BEEN PAID. THE ACT OF SEPTEMBER 24, 1945, WAS ENACTED TO ACHIEVE UNIFORMITY OF CONSTRUCTION AMONG THE SERVICES EFFECTED BY THE MUSTERING-OUT PAYMENT ACT OF 1944. SEE SENATE REPORT NO. 318, MAY 31, 1945. IN KEEPING WITH THE CONGRESSIONAL INTENT OF UNIFORMITY OF CONSTRUCTION AMONG THE SERVICES WE HAVE DETERMINED THAT MR. GRAHAM SHOULD BE PAID HIS UNPAID PAY AND ALLOWANCES FOR HIS WORLD WAR II SERVICE.

ACCORDINGLY, SETTLEMENT SHOULD BE MADE TO MR. CALVIN L. GRAHAM IN THE TOTAL AMOUNT OF $337 IN SATISFACTION OF ALL OUTSTANDING PAY AND ALLOWANCES DUE FOR HIS SERVICE IN THE U. S. NAVY DURING WW II.