B-49208, SEP. 19, 1962

B-49208: Sep 19, 1962

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YOUR LETTER REFERS TO AN ITEM OF $67.32 WHICH YOU BELIEVE WAS ERRONEOUSLY WITHHELD FROM YOUR PAY AND TO YOUR ENTITLEMENT TO LONGEVITY PAY AT $6 A MONTH. THIS MATTER WAS EXPLAINED IN DETAIL TO YOU IN DECISION DATED NOVEMBER 22. WAS ADVISED IN DETAIL CONCERNING THIS MATTER. ARE ENCLOSED HEREWITH. THE MATTER OF LONGEVITY PAY WAS CONSIDERED IN OUR DECISION OF OCTOBER 24. IT WAS THERE POINTED OUT THAT SUCH CLAIM WAS BARRED PURSUANT TO THE ACT OF OCTOBER 9. YOU WERE FURTHER ADVISED THAT EVEN IF IT WERE ASSUMED THAT THE CLAIM WAS NOT BARRED. THERE WAS NO LEGAL BASIS FOR GIVING IT FAVORABLE CONSIDERATION SINCE YOUR LAST PERIOD OF MILITARY SERVICE ENDED AUGUST 8. "LONGEVITY PAY" PROVISIONS WERE FIRST CONTAINED IN SECTION 4 (B) OF THE ACT OF JUNE 4.

B-49208, SEP. 19, 1962

TO MR. EDWIN L. MENZER:

YOUR LETTER OF JUNE 26, 1962, ADDRESSED TO THE COMMANDING GENERAL, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, HAS BEEN FORWARDED HERE FOR REPLY. YOUR LETTER REFERS TO AN ITEM OF $67.32 WHICH YOU BELIEVE WAS ERRONEOUSLY WITHHELD FROM YOUR PAY AND TO YOUR ENTITLEMENT TO LONGEVITY PAY AT $6 A MONTH, INCIDENT TO YOUR SERVICE IN THE ARMY PRIOR TO AND DURING WORLD WAR I.

THE MATTER OF $67.32, WHICH AROSE THROUGH AN OVERPAYMENT TO YOU UPON YOUR DISCHARGE FROM THE ARMY ON FEBRUARY 5, 1915, HAS BEEN THE SUBJECT OF A NUMBER OF LETTERS AND DECISIONS NOT ONLY OF THIS OFFICE BUT PRIOR ACCOUNTING OFFICES OF THE GOVERNMENT, FROM 1915 TO THE PRESENT TIME. THIS MATTER WAS EXPLAINED IN DETAIL TO YOU IN DECISION DATED NOVEMBER 22, 1946, A-49208. AS RECENTLY AS FEBRUARY 28, 1962, THE DETROIT, MICHIGAN, OFFICE OF THE DISABLED AMERICAN VETERANS, ACTING IN YOUR BEHALF, WAS ADVISED IN DETAIL CONCERNING THIS MATTER. A COPY OF OUR DECISION OF NOVEMBER 22, 1946, A-49208, AND OUR LETTER OF FEBRUARY 28, 1962, ARE ENCLOSED HEREWITH.

THE MATTER OF LONGEVITY PAY WAS CONSIDERED IN OUR DECISION OF OCTOBER 24, 1950, A-49208, TO YOU. IT WAS THERE POINTED OUT THAT SUCH CLAIM WAS BARRED PURSUANT TO THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. YOU WERE FURTHER ADVISED THAT EVEN IF IT WERE ASSUMED THAT THE CLAIM WAS NOT BARRED, THERE WAS NO LEGAL BASIS FOR GIVING IT FAVORABLE CONSIDERATION SINCE YOUR LAST PERIOD OF MILITARY SERVICE ENDED AUGUST 8, 1919, AND "LONGEVITY PAY" PROVISIONS WERE FIRST CONTAINED IN SECTION 4 (B) OF THE ACT OF JUNE 4, 1920, 41 STAT. 761, EFFECTIVE FROM AND AFTER JULY 1, 1920, WHICH WAS SUBSEQUENT TO YOUR SERVICE, AND INAPPLICABLE TO YOUR CLAIM FOR LONGEVITY PAY. A COPY OF THIS DECISION IS ALSO ENCLOSED.

NO NEW OR MATERIAL EVIDENCE HAS BEEN SUBMITTED, OR REASONS ADVANCED REQUIRING A MODIFICATION OF THE VIEWS HERETOFORE EXPRESSED. ACCORDINGLY,THE PRIOR DECISIONS ARE ADHERED TO. ..END :