B-104136, JUN. 30, 1966

B-104136: Jun 30, 1966

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ARNOVITZ: REFERENCE IS MADE TO YOUR LETTER OF MAY 22. REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR $100 WHICH YOU BELIEVE IS DUE YOU AS MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE ARMY ON JANUARY 14. THE DISCHARGE CERTIFICATE STATING THAT SUCH ACTION WAS TAKEN "BY REASON OF C.D.D. IT IS INDICATED THAT SUCH ACTION WAS APPROVED IN YOUR CASE BY 3RD INDORSEMENT. YOUR ATTENTION IS INVITED TO THE FACT THAT THE SERVICE OF 2 MONTHS AND 11 DAYS SHOWN IN YOUR CERTIFICATE OF DISCHARGE WAS "SERVICE FOR LONGEVITY PAY.'. ONLY ACTIVE SERVICE WAS CREDITABLE IN DETERMINING ENTITLEMENT TO MUSTERING -OUT PAY AND SINCE YOU HAD LESS THAN 60 DAYS OF SUCH SERVICE. THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM.

B-104136, JUN. 30, 1966

TO MR. MOSES L. ARNOVITZ:

REFERENCE IS MADE TO YOUR LETTER OF MAY 22, 1966, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR $100 WHICH YOU BELIEVE IS DUE YOU AS MUSTERING-OUT PAY INCIDENT TO YOUR DISCHARGE FROM THE ARMY ON JANUARY 14, 1943. ADDITIONALLY, YOU SEEK INFORMATION AS TO THE TYPE OF DISCHARGE YOU RECEIVED, THE DISCHARGE CERTIFICATE STATING THAT SUCH ACTION WAS TAKEN "BY REASON OF C.D.D. SECTION II, ARMY REGULATIONS 615 360 AND 3RD IND., HQ., IRTC, FT MCCLELLAN, ALA., DATED JAN. 7TH, 1943.'

SECTION II OF ARMY REGULATIONS 615-360, NOVEMBER 26, 1942, PROVIDED FOR A DISCHARGE FROM ARMY SERVICE BASED ON A DISABILITY UNDER A CERTIFICATE OF DISABILITY FOR DISCHARGE (C.D.D.), AND IT IS INDICATED THAT SUCH ACTION WAS APPROVED IN YOUR CASE BY 3RD INDORSEMENT, OF JANUARY 7, 1943, HEADQUARTERS, INFANTRY RESERVE TRAINING CENTER, FT. MCCLELLAN, ALABAMA.

CONCERNING YOUR CLAIM FOR ADDITIONAL MUSTERING-OUT PAY, YOUR ATTENTION IS INVITED TO THE FACT THAT THE SERVICE OF 2 MONTHS AND 11 DAYS SHOWN IN YOUR CERTIFICATE OF DISCHARGE WAS "SERVICE FOR LONGEVITY PAY.' SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942 CH. 413, 56 STAT. 363, AUTHORIZED THE CREDITING OF VARIOUS SERVICE FOR LONGEVITY PAY PURPOSES INCLUDING "ACTIVE FEDERAL SERVICE" AND INACTIVE "SERVICE IN THE ENLISTED RESERVE CORPS.' ONLY ACTIVE SERVICE WAS CREDITABLE IN DETERMINING ENTITLEMENT TO MUSTERING -OUT PAY AND SINCE YOU HAD LESS THAN 60 DAYS OF SUCH SERVICE, THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM.

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