Claim for Unpaid Military Pay and Allowances of Deceased Husband

An Army widow requested reconsideration of settlements made to her for unpaid military pay and allowances believed due to her late husband on account of an upgrade of his discharge from other-than-honorable to honorable. After the discharge was upgraded, the protester filed a claim for unpaid military pay and allowances and was paid for travel allowances. As her late husband's military records had been destroyed, there was no evidence supporting further payments. The claimant suggested that her husband was deprived of military pay, allowances, medical care, and other benefits after his original discharge, as well as payment for unused accrued leave and mustering out pay. The courts have held that a service member's discharge terminates his eligibility to pay and allowances irregardless of any subsequent change in the nature of that discharge. Thus, the deceased was not entitled to any payment for any period after his discharge. Rather, credit was limited to additional military pay and allowances he would have received under a General discharge. The burden of proof concerning the existence and nonpayment of a valid claim against the government is on the claimant. In cases where records are not available, the claim is disallowed. Thus, this claim was dismissed, and the settlements of the Claims Division were sustained.