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B-155618, JAN. 11, 1965

B-155618 Jan 11, 1965
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BUTLER: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8. IN WHICH YOU REFER TO PREVIOUS CORRESPONDENCE RELATIVE TO THE CORRECTION OF YOUR ARMY RECORDS TO SHOW THAT YOU WERE SEPARATED FROM THE ARMY ON APRIL 26. YOU INDICATE THAT YOU BELIEVE YOU ARE ENTITLED TO MORE BENEFITS THAN HAVE BEEN PAID YOU AS A RESULT OF THE CORRECTION OF YOUR RECORDS BUT YOU DO NOT SPECIFY THE TYPE OF BENEFITS TO WHICH YOU BELIEVE YOU ARE ENTITLED. THE SECRETARY OF THE ARMY CORRECTED YOUR RECORDS TO SHOW THAT YOU WERE SEPARATED FROM THE ARMY OF THE UNITED STATES ON APRIL 26. AS A RESULT OF THIS CORRECTION IN YOUR RECORDS YOU BECAME ENTITLED TO BE PAID ANY AMOUNT OR AMOUNTS WHICH WOULD HAVE BEEN PAID TO YOU ON APRIL 26.

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B-155618, JAN. 11, 1965

TO MR. JAMES J. BUTLER:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1964, IN WHICH YOU REFER TO PREVIOUS CORRESPONDENCE RELATIVE TO THE CORRECTION OF YOUR ARMY RECORDS TO SHOW THAT YOU WERE SEPARATED FROM THE ARMY ON APRIL 26, 1919, ON A CERTIFICATE OF GENERAL DISCHARGE (UNDER HONORABLE CONDITIONS). YOU INDICATE THAT YOU BELIEVE YOU ARE ENTITLED TO MORE BENEFITS THAN HAVE BEEN PAID YOU AS A RESULT OF THE CORRECTION OF YOUR RECORDS BUT YOU DO NOT SPECIFY THE TYPE OF BENEFITS TO WHICH YOU BELIEVE YOU ARE ENTITLED.

ON MAY 5, 1964, UNDER AUTHORITY OF 10 U.S.C. 1552, THE SECRETARY OF THE ARMY CORRECTED YOUR RECORDS TO SHOW THAT YOU WERE SEPARATED FROM THE ARMY OF THE UNITED STATES ON APRIL 26, 1919, ON A CERTIFICATE OF GENERAL DISCHARGE IN LIEU OF THE OTHER THAN HONORABLE (BLUE) DISCHARGE PREVIOUSLY ISSUED TO YOU. AS A RESULT OF THIS CORRECTION IN YOUR RECORDS YOU BECAME ENTITLED TO BE PAID ANY AMOUNT OR AMOUNTS WHICH WOULD HAVE BEEN PAID TO YOU ON APRIL 26, 1919, IF YOUR SEPARATION HAD BEEN EFFECTED ON A CERTIFICATE OF GENERAL DISCHARGE BUT WHICH WERE NOT PAID TO YOU AT THAT TIME BECAUSE YOU WERE SEPARATED WITH A DISHONORABLE DISCHARGE.

IF YOU HAD BEEN SEPARATED UNDER HONORABLE CONDITIONS ON APRIL 26, 1919, YOU WOULD HAVE BEEN ENTITLED TO RECEIVE THE BONUS PAYMENT OF $60 AUTHORIZED BY SECTION 1406 OF THE ACT OF FEBRUARY 24, 1919, CH. 18, 40 STAT. 1151, AND THE TRAVEL ALLOWANCE PROVIDED IN SECTION 126 OF THE NATIONAL DEFENSE ACT OF 1916, APPROVED JUNE 3, 1916, CH. 134, 39 STAT. 217, AS AMENDED BY SECTION 3 OF THE ACT OF FEBRUARY 28, 1919, CH. 70, 40 STAT. 1203.

YOU HAVE BEEN PAID THE BONUS OF $60 LESS THAN $5 DONATION GIVEN YOU ON APRIL 25, 1919, WHICH WOULD NOT HAVE BEEN PAID HAD YOU ORIGINALLY RECEIVED THE $60 BONUS. THE QUESTION AS TO YOUR ENTITLEMENT TO TRAVEL ALLOWANCE ON DISCHARGE IS NOW UNDER CONSIDERATION BY THE CLAIMS DIVISION OF OUR OFFICE. THE RECORDS BEFORE US AT THE PRESENT TIME DO NOT SHOW WHAT TRANSPORTATION, IF ANY, WAS FURNISHED YOU UPON RELEASE FROM CONFINEMENT AT FORT LEAVENWORTH, KANSAS, AND DISCHARGE FROM THE SERVICE. WHEN THE NECESSARY EVIDENCE IS RECEIVED A DETERMINATION AS TO YOUR ENTITLEMENT WILL BE MADE AND YOU WILL BE NOTIFIED.

WITH RESPECT TO ACTIVE DUTY PAY AND ALLOWANCES, THE RECORD SHOWS THAT AT THE TIME OF YOUR DISCHARGE YOU WERE IN CONFINEMENT AS A RESULT OF GENERAL COURT-MARTIAL ORDER NO. 129, APPROVED FEBRUARY 27, 1918, WHICH SENTENCED YOU TO BE DISHONORABLY DISCHARGED THE SERVICE, TO FORFEIT ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE AND TO BE CONFINED AT HARD LABOR FOR A PERIOD OF 5 YEARS. A PORTION OF THE PRESCRIBED PERIOD OF CONFINEMENT WAS REMITTED, THEREBY ALLOWING YOUR DISCHARGE IN 1919. THE TYPE OF DISCHARGE WAS CHANGED BY THE CORRECTION OF YOUR RECORDS IN MAY 1964. HOWEVER, THAT PORTION OF THE COURT-MARTIAL SENTENCE REQUIRING FORFEITURE OF YOUR PAY AND ALLOWANCES HAS NEVER BEEN CHANGED. SINCE THE CORRECTION OF YOUR RECORDS DID NOT REMOVE THE ORDERED FORFEITURE, THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF SUCH PAY AND ALLOWANCES.

IF YOU BELIEVE THAT YOU ARE ENTITLED TO AMOUNTS OTHER THAN THE BONUS MENTIONED ABOVE AND THE TRAVEL ALLOWANCE NOW BEING CONSIDERED, IT IS AGAIN SUGGESTED THAT YOU CONTACT THE DEPARTMENT OF THE ARMY.

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