B-143214, SEP. 22, 1960
Highlights
RA 19 543 700: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED AUGUST 26. WAS REACHED AFTER A CAREFUL CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES INVOLVED IN YOUR CASE. WHILE IT IS UNFORTUNATE THAT. YOU WERE NOT PAID AT THE REDUCED RATES AUTHORIZED FOR THE GRADES WHICH YOU HELD.
B-143214, SEP. 22, 1960
TO WILLIAM E. SCHMIDT, RA 19 543 700:
REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED AUGUST 26, 1960, IN REPLY TO OUR DECISION OF AUGUST 12, 1960, B-143214, WHICH SUSTAINED THE SETTLEMENT OF OUR CLAIMS DIVISION DISALLOWING YOUR CLAIM FOR THE DIFFERENCE IN PAY AS PRIVATE FIRST CLASS (E-3) AND PRIVATE (E-2) FOR THE PERIOD JUNE 6 TO NOVEMBER 3, 1958, AS A MEMBER OF THE UNITED STATES ARMY.
OUR DECISION OF AUGUST 12, 1960, WAS REACHED AFTER A CAREFUL CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES INVOLVED IN YOUR CASE. YOUR RECENT LETTER PRESENTS NO MATERIAL FACTS OR EVIDENCE NOT PREVIOUSLY CONSIDERED, AND HENCE, AFFORDS NO GROUNDS FOR MODIFICATION OF OUR FINDING IN THE MATTER. WHILE IT IS UNFORTUNATE THAT, AFTER THE EFFECTIVE DATE OF YOUR COURT-MARTIAL SENTENCE OF AUGUST 23, 1957, YOU WERE NOT PAID AT THE REDUCED RATES AUTHORIZED FOR THE GRADES WHICH YOU HELD, NECESSITATING THE COLLECTION OF AMOUNTS OVERPAID, THE RECORD PRESENTS NO PROPER BASIS FOR REFUNDING SUCH AMOUNTS. ACCORDINGLY, THE ACTION PREVIOUSLY TAKEN BY US MUST BE SUSTAINED.