B-134337, AUG. 5, 1958

B-134337, AUG. 5, 1958

TO DR. WERNER N. GRUNE:

YOUR LETTER OF JUNE 25, 1958, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES FOR CERTAIN AMOUNTS RECEIVED BY YOU UNDER THE STUDENT WAR LOAN PROGRAM, REQUESTS RECONSIDERATION OF OUR HOLDING OF JUNE 10, 1958, B- 134337. ALSO, WE HAVE RECEIVED A COPY OF YOUR LETTER OF JUNE 25, 1958, TO THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE. YOU BASE YOUR REQUEST UPON YOUR CONTENTION THAT WE HAVE MISINTERPRETED THE FACTS INVOLVED.

OUR DETERMINATION OF JUNE 10, 1958, WAS BASED UPON THE FOLLOWING FACTORS, WHICH WERE SUBSTANTIATED BY THE RECORD INCLUDING THE DOCUMENTS FURNISHED BY YOU:

1. THE PROVISIONS OF THE ACT OF JULY 2, 1942, 56 STAT. 576, PERTAINING TO THE CANCELLATION OF THE LOANS OF STUDENTS WHOSE STUDIES WERE INTERRUPTED BY REASON OF MILITARY SERVICE.

2. THE DATE OF YOUR INDUCTION AS REFLECTED ON THE COPY OF YOUR HONORABLE DISCHARGE, AND

3. THE FACT THAT YOUR COURSES AT THE UNIVERSITY OF CONNECTICUT WERE COMPLETED AT THE TIME OF YOUR INDUCTION.

YOU INFER THAT THE ORDERS DATED SEPTEMBER 29, 1944, BY WHICH YOU WERE ORDERED TO REPORT FOR INDUCTION ON OCTOBER 11, 1944, SATISFY THE TERMS OF SECTION 3.8 (D) OF THE REGULATIONS, PROMULGATED BY THE COMMISSIONER OF EDUCATION PURSUANT TO THE ACT OF JULY 2, 1942 (CITED IN YOUR LETTER AS SECTION 3.8 (D) OF THE ACT), IN THAT YOU FEEL THE LANGUAGE,"ORDERED INTO MILITARY SERVICE" APPEARING IN THE ABOVE CITED REGULATIONS REFERS TO THE DATE THE INDUCTEE IS ORDERED TO REPORT FOR INDUCTION. SINCE THE "ORDERS" DO NOT AUTOMATICALLY, AS OF THE DATE STATED THEREIN FOR EXECUTION, TERMINATE A PERSON'S CIVILIAN STATUS, THE INTENT OF THE STATUTE OR REGULATIONS CANNOT BE SAID TO HAVE BEEN SATISFIED WITHOUT EVIDENCE OF THE FACT THAT THE INDIVIDUAL ACTUALLY ENTERED INTO AN ACTIVE DUTY MILITARY STATUS IN ACCORDANCE WITH THE ORDERS IN QUESTION. WHILE THE DOCUMENT SUBMITTED BY YOU, DATED SEPTEMBER 29, 1944, CONSTITUTED "ORDERS" TO REPORT FOR INDUCTION ON OCTOBER 11, 1944, NO EVIDENCE IS CONTAINED IN THE RECORD TO THE EFFECT THAT YOU WERE, IN FACT, INDUCTED ON OCTOBER 11, 1944. THE CONTRARY, THE PHOTOSTATIC COPY OF YOUR HONORABLE DISCHARGE, BEARING YOUR SIGNATURE, CLEARLY REFLECTS THAT THE DATE OF YOUR INDUCTION WAS OCTOBER 22, 1944. SINCE OUR OFFICE MUST NECESSARILY RELY UPON THE OFFICIAL RECORDS, IT WOULD NOT BE APPROPRIATE FOR US TO PERMIT THE DISCHARGE CERTIFICATE TO BE DISPUTED AND OVERTURNED BY THE INDUCTION ORDERS OF SEPTEMBER 29, 1944, PARTICULARLY SINCE THE FILE ALSO CONTAINS A COPY OF INDUCTION ORDERS DATED OCTOBER 11, 1944, DIRECTING YOU TO REPORT FOR INDUCTION ON OCTOBER 26, 1944. ON THIS BASIS IT IS CLEAR THAT THE DATE, OCTOBER 19, 1944, WHICH WAS THE DAY YOU TOOK THE FINAL EXAMINATION AT THE UNIVERSITY AND WHICH WAS THE DATE THAT YOU COMPLETED ALL THAT WAS REQUIRED OF YOU IN ORDER TO GRADUATE, OCCURRED PRIOR TO YOUR ENTRY INTO THE MILITARY SERVICE. THESE FACTS CANNOT BE CONTROVERTED BY THE UNIVERSITY REGULATIONS. THE FORMALITY OF RECORDING THE CREDITS FOR THE COURSE APPEARS TO BE A ROUTINE ACT PERFORMED BY THE UNIVERSITY OFFICIALS AND IN NO WAY AFFECTS YOUR HAVING COMPLETED THE COURSE. THE QUESTION OF WHAT EFFECT A RIGHT TO A REEXAMINATION, IN EVENT OF FAILURE TO PASS THE COURSE, WOULD HAVE UPON THE MATTER IS HYPOTHETICAL AND IS NOT FOR DETERMINATION IN THE INSTANT MATTER. WE ARE PERMITTED ONLY TO CONCERN OURSELVES WITH THE FACTUAL SITUATION ACTUALLY INVOLVED AND TO BASE OUR DETERMINATION UPON THE EVIDENCE OF RECORD.

YOU HAVE PRESENTED NO ADDITIONAL EVIDENCE IN YOUR LETTERS OF JUNE 25, 1958, UPON WHICH OUR OFFICE WOULD BE JUSTIFIED IN ALTERING THE CONCLUSION REACHED IN OUR DECISION OF JUNE 10, 1958, B-134337. THEREFORE, AND SINCE IT IS APPARENT THAT YOUR STUDIES WERE NOT INTERRUPTED BY REASON OF MILITARY SERVICE WITHIN THE CONTEMPLATION OF THE ACT OF JULY 2, 1942, IT IS INCUMBENT UPON YOU TO COMPLY WITH THE PROVISIONS STATED IN THE LAST PARAGRAPH OF OUR LETTER OF JUNE 10, 1958, TO YOU, EXCEPT THAT WE WILL EXTEND THE 30 DAY PERIOD UNTIL 30 DAYS FROM THE DATE OF THIS LETTER.