B-161471, AUG. 21, 1967

B-161471, AUG. 21, 1967

ARMED SERVICES - DRILL PAY - RESERVISTS DECISION TO FORMER NAVAL RESERVE MEMBER FOR DRILL PAY. NAVY MEMBER WHO WAS PLACED IN NONPAY STATUS ON FEB. 11, 1966, IS NOT ENTITLED TO PAYMENT FOR DRILL PAY CLAIMED FOR FEB. 12 AND 13, 1966 UNLESS CLAIMANT CAN FURNISH ADDITIONAL EVIDENCE RE CONFLICTING RECORDS.

TO MR. LOUIS E. DEL COLLE:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 16, 1967, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR NAVAL RESERVE DRILL PAY FOR FEBRUARY 12 AND 13, 1966, THE DISALLOWANCE OF WHICH WAS SUSTAINED IN OUR DEVISION OF CUNE 14, 1967.

AS IN YOUR PREVIOUS CORRESPONDENCE, YOU CONTEND THAT THE RECORDS WHICH WE RECEIVED FROM THE DEPARTMENT OF THE NAVY CONCERNING YOUR CLAIM ARE IN ERROR AND REPRESENT RECORDS WHICH WERE ALTERED, THAT SUCH ALTERATION WAS DONE WITHOUT YOUR PERMISSION AND YOU ALLEGE DISCRIMINATION AGAINST YOU BY YOUR THEN SQUADRON COMMANDER.

IN OUR DECISION OF JUNE 14, 1967, WE EXPLAINED TO YOU THAT THIS OFFICE MUST ACCEPT THE ADMINISTRATIVE DETERMINATION OF FACTS AS BEING PROPER IN THE ABSENCE OF STRONG EVIDENCE THAT SUCH DETERMINATION IS ERRONEOUS. INFORMATION FURNISHED BY THE DEPARTMENT OF THE NAVY INDICATES THAT YOU ACTUALLY WERE PLACED IN A NONPAY STATUS ON FEBRUARY 11, 1966, BY YOUR SQUADRON COMMANDER'S ORDER. SUCH ORDER IS CITED IN AN ENTRY IN THE RUPPERT REPORT COVERING THE MONTH OF FEBRUARY. THIS IS IN DIRECT CONFLICT WITH AN ENTRY IN YOUR PERSONNEL RECORD SHOWING FEBRUARY 2" 1966, AS THE DATE ON WHICH YOU WERE PLACED IN A NONPAY STATUS. OBVIOUSLY, ONE OF SUCH ENTRIES WAS ERRONEOUS. THE PROPER NAVY OFFICIALS HAVE DETERMINED THAT THE FORMER WAS CORRECT AND HAVE CHANGED THE LATTER TO CORRESPOND THERETO. UNLESS YOU CAN FURNISH ADDITIONAL EVIDENCE FROM OFFICIAL SOURCES--AS DISTINGUISHED FROM YOUR MEMORY OF THE EVENTS WHICH TOOK PLACE AT THAT TIME --WHICH SUPPORTS YOUR POSITION, THERE IS NO BASIS FOR FURTHER CONSIDERATION OF YOUR CLAIM.