B-148098, JUL. 17, 1967
Highlights
THAT CLAIM FOR UNUSED LEAVE UPON DISCHARGE IN 1946 MAY NOT BE ALLOWED SINCE THERE IS NO RECORD OF APPLICATION HAVEING BEEN MADE PRIOR TO JUNE 30. OWENS: REFERENCE IS MADE TO YOUR LETTER DATED MAY 15. UNDER WHICH YOU MAKE CLAIM REQUIRED THAT SUCH CLAIMS BY ENLISTED PERSONNEL WHO WERE DISCHARGED PRIOR TO AUGUST 9. DESPITE THE FACT THAT YOU HAVE BEEN INFORMED A NUMBER OF TIMES THAT OFFICIAL ARMY FILES CONTAIN NO INFORMATION WHICH INDICATES THAT YOU FILED A CLAIM PRIOR TO JULY 1. THIS MATTER WAS LAT CONSIDERED IN OUR DECISION DATED FEBRUARY 15. WHICH WAS MAILED TO YOUR THEN INDICATED ADDRESS AT DANVILLE. SINCE THAT DECISION WAS RETURNED TO THIS OFFICE AS "UNCLAIMED". IT IS ENCLOSED HEREWITH TOGETHER WITH THE ACCOMPANYING ENVELOPE.
B-148098, JUL. 17, 1967
ARMED SERVICES - LEAVE - UNUSED DECISION TO CLAIMANT REAFFIRMING DECISION OF FEB. 15, 1967, THAT CLAIM FOR UNUSED LEAVE UPON DISCHARGE IN 1946 MAY NOT BE ALLOWED SINCE THERE IS NO RECORD OF APPLICATION HAVEING BEEN MADE PRIOR TO JUNE 30, 1951.
TO MR. JOHN T. OWENS:
REFERENCE IS MADE TO YOUR LETTER DATED MAY 15, 1967, CONCERNING YOUR CLAIM FOR UNUSED LEAVE ACCUMULATED AT THE TIME OF YOUR DISCHARGE FROM THE ARMY ON OCTOBER 2, 1944.
THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 963, AS AMENDED, 37 U.S.C. 31A (1952 ED.), UNDER WHICH YOU MAKE CLAIM REQUIRED THAT SUCH CLAIMS BY ENLISTED PERSONNEL WHO WERE DISCHARGED PRIOR TO AUGUST 9, 1946, BE FILED ON OR BEFORE JUNE 30, 1951. DESPITE THE FACT THAT YOU HAVE BEEN INFORMED A NUMBER OF TIMES THAT OFFICIAL ARMY FILES CONTAIN NO INFORMATION WHICH INDICATES THAT YOU FILED A CLAIM PRIOR TO JULY 1, 1951, YOU CONTINUE TO ASSERT THAT YOU DID SO.
THIS MATTER WAS LAT CONSIDERED IN OUR DECISION DATED FEBRUARY 15, 1962, B -148098, WHICH WAS MAILED TO YOUR THEN INDICATED ADDRESS AT DANVILLE, VIRGINIA. SINCE THAT DECISION WAS RETURNED TO THIS OFFICE AS "UNCLAIMED", IT IS ENCLOSED HEREWITH TOGETHER WITH THE ACCOMPANYING ENVELOPE.
WE DIRECT YOUR ATTENTION TO THE NEXT TO LAST PARAGRAPH OF THE DECISION OF FEBRUARY 15, 1962, WHEREIN WE STATED THAT:
"* * * IN ORDER FOR YOUR CLAIM TO BE CONSIDERED YOU MUST FURNISH SPECIFIC EVIDENCE THAT APPLICATION WAS -MADE TO THE SECRETARY NOT LATER THAN JUNE 30, 1951.- SEE 37 U.S.C. 34 (A);, YOUR LETTER OF MAY 15, 1967, PROVIDES NO EVIDENCE THAT SATISFIES THIS REQUIREMENT.
ACCORDINGLY, THERE IS NO BASIS FOR CHANGING THE CONCLUSION REACHED IN OUR DECISION OF FEBRUARY 15, 1962.