B-127105, AUG. 10, 1956
Highlights
TO MISS KATHERINE CODY: REFERENCE IS MADE TO OUR DECISION OF JULY 27. THE DECISION WAS TO THE EFFECT THAT WHILE SECTION 1 OF THE ACT OF AUGUST 4. AT THE TIME THE DECISION TO YOU WAS PREPARED.
B-127105, AUG. 10, 1956
TO MISS KATHERINE CODY:
REFERENCE IS MADE TO OUR DECISION OF JULY 27, 1956, IN THE CASE OF YOUR LATE BROTHER, JAMES CODY, CAPTAIN, UNITED STATES AIR FORCE RESERVE.
THE DECISION WAS TO THE EFFECT THAT WHILE SECTION 1 OF THE ACT OF AUGUST 4, 1947, 61 STAT. 748, AMENDING SECTION 4 OF THE ARMED FORCES LEAVE ACT OF 1946, PROVIDES THAT ANY MEMBER OF THE ARMED FORCES DISCHARGED AFTER AUGUST 31, 1946, HAVING UNUSED ACCRUED LEAVE STANDING TO HIS CREDIT AT TIME OF DISCHARGE SHALL BE COMPENSATED FOR SUCH UNUSED LEAVE IN CASH, IT ALSO PROVIDES THAT SETTLEMENT AND COMPENSATION SHALL BE MADE ONLY TO A LIVING MEMBER OR LIVING FORMER MEMBER OF THE ARMED FORCES.
AT THE TIME THE DECISION TO YOU WAS PREPARED, WE DID NOT CONSIDER PUBLIC LAW 770, 84TH CONGRESS, APPROVED JULY 24, 1956 (COPY ENCLOSED),FURTHER AMENDING SECTION 4 OF THE ARMED FORCES LEAVE ACT OF 1946 TO PROVIDE THAT SUCH SETTLEMENT AND COMPENSATION SHALL, IN THE CASE OF A MEMBER OR FORMER MEMBER OF THE ARMED FORCES WHO DIES AFTER RETIREMENT OR DISCHARGE AND WITHOUT HAVING RECEIVED THAT COMPENSATION, BE MADE TO THE SURVIVORS OF THAT MEMBER OR FORMER MEMBER IN THE MANNER PRESCRIBED IN SECTION 6 (B) OF THE ACT. SECTION 6 (B), AS AMENDED, PROVIDES THAT IF SUCH MEMBER LEAVES NO SURVIVING SPOUSE, CHILD, OR PARENT, THEN PAYMENT MAY BE MADE TO THE MEMBER'S SURVIVING BROTHERS AND SISTERS, IF ANY.
IF YOU DESIRE TO PRESENT CLAIM UNDER PUBLIC LAW 770, YOUR CLAIM SHOULD BE SENT TO THE SECRETARY ..END :