B-124568, SEP. 7, 1956
Highlights
THE ELECTION WAS NOT FORWARDED THROUGH MILITARY CHANNELS. WAS GIVEN TO A RETIRED NAVAL OFFICER. WHO WAS ACTING AS COLONEL TAYLOR'S AGENT. WHILE THE LETTER FORWARDING THE ELECTION WAS DATED APRIL 30. THE ELECTION WAS NOT MAILED TO THE FINANCE CENTER. WE HELD THAT THE ELECTION WAS NOT VALID BECAUSE IT REMAINED IN THE CONTROL OF THE OFFICER'S AGENT UNTIL AFTER THE DATE THE STATUTORY TIME LIMITATION FOR FILING IT HAD EXPIRED ON APRIL 30. TO CORRECT ANY MILITARY OR NAVAL RECORD WHERE IN THEIR JUDGMENT SUCH ACTION IS NECESSARY TO CORRECT AN ERROR OR REMOVE AN INJUSTICE. CORRECTIONS SO MADE ARE FINAL AND CONCLUSIVE ON ALL OFFICERS OF THE GOVERNMENT. SECTION 207 (B) AUTHORIZES THE PAYMENT OF CLAIMS FOR AMOUNTS FOUND DUE AS A RESULT OF THE CORRECTION OF THE RECORDS TO THE PERSON WHOSE RECORD IS INVOLVED OR.
B-124568, SEP. 7, 1956
TO LIEUTENANT COLONEL M. L. JOHNSON, F.C., DISBURSING OFFICER, DEPARTMENT OF THE ARMY:
BY FIRST INDORSEMENT OF AUGUST 22, 1956, THE CHIEF OF FINANCE FORWARDED YOUR LETTER OF AUGUST 1, 1956, WITH ENCLOSURES, REQUESTING DECISION CONCERNING THE PROPRIETY OF PAYING A VOUCHER IN THE AMOUNT OF $1,056.78 REPRESENTING ANNUITY PAYMENTS UNDER THE UNIFORMED SERVICES CONTINGENCY OPTION ACT OF 1953, 67 STAT. 501, FOR THE PERIOD MAY 1, 1954, TO JULY 31, 1956, IN THE CASE OF LIEUTENANT COLONEL JAMES C. TAYLOR, U.S. ARMY, RETIRED, DECEASED.
IT APPEARS THAT ON APRIL 29, 1954, WHILE HOSPITALIZED AT THE U.S. NAVAL HOSPITAL, ANNAPOLIS, MARYLAND, COLONEL TAYLOR EXECUTED AN ELECTION OF OPTION (1) UNDER THE CITED ACT, TO PROVIDE AN ANNUITY ON BEHALF OF HIS WIDOW, AND THAT HE DIED ON MAY 1, 1954. THE ELECTION WAS NOT FORWARDED THROUGH MILITARY CHANNELS, BUT WAS GIVEN TO A RETIRED NAVAL OFFICER, WHO WAS ACTING AS COLONEL TAYLOR'S AGENT, FOR TRANSMITTAL TO THE PROPER AUTHORITY. WHILE THE LETTER FORWARDING THE ELECTION WAS DATED APRIL 30, 1954, THE ELECTION WAS NOT MAILED TO THE FINANCE CENTER, U.S. ARMY, UNTIL MAY 1, 1954. BY DECISION OF JULY 15, 1955, 35 COMP. GEN. 21, WE HELD THAT THE ELECTION WAS NOT VALID BECAUSE IT REMAINED IN THE CONTROL OF THE OFFICER'S AGENT UNTIL AFTER THE DATE THE STATUTORY TIME LIMITATION FOR FILING IT HAD EXPIRED ON APRIL 30, 1954.
ON MAY 31, 1956, UNDER THE PROVISIONS OF SECTION 207 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, AS AMENDED (PUBLIC LAW 220, 82D CONGRESS), AND GENERAL ORDERS 64, DATED NOVEMBER 3, 1955, THE ASSISTANT SECRETARY OF THE ARMY, HAVING CONSIDERED THE FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS WITH RESPECT TO THE RECORDS OF COLONEL TAYLOR, DIRECTED:
"THAT ALL OF THE DEPARTMENT OF THE ARMY RECORDS OF JAMES GIBSON TAYLOR BE CORRECTED TO SHOW THAT HE TIMELY FILED PRIOR TO 1 MAY 1954 A VALID ELECTION UNDER OPTION ONE OF THE UNIFORMED SERVICES CONTINGENCY OPTION ACT OF 1953.'
SECTION 207 (A) OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, AS AMENDED, AUTHORIZES THE RESPECTIVE SECRETARIES OF THE ARMED SERVICES, INCLUDING THE SECRETARY OF THE ARMY, ACTING THROUGH CIVILIAN BOARDS, TO CORRECT ANY MILITARY OR NAVAL RECORD WHERE IN THEIR JUDGMENT SUCH ACTION IS NECESSARY TO CORRECT AN ERROR OR REMOVE AN INJUSTICE; CORRECTIONS SO MADE ARE FINAL AND CONCLUSIVE ON ALL OFFICERS OF THE GOVERNMENT. SECTION 207 (B) AUTHORIZES THE PAYMENT OF CLAIMS FOR AMOUNTS FOUND DUE AS A RESULT OF THE CORRECTION OF THE RECORDS TO THE PERSON WHOSE RECORD IS INVOLVED OR, IF HE IS DECEASED, TO HIS ESTATE, WIDOW, LEGAL HEIRS, OR BENEFICIARIES.
THE EFFECT OF THE CORRECTION OF COLONEL TAYLOR'S MILITARY RECORD IN THIS CASE IS TO MAKE THE RECORD SHOW THAT THE ELECTION OF OPTION ONE UNDER THE UNIFORMED SERVICES CONTINGENCY OPTION ACT OF 1953 WAS TIMELY MADE. ACCORDINGLY, PAYMENT MAY BE MADE TO HIS WIDOW OF ANY AMOUNTS DUE ON THE BASIS OF THE MILITARY RECORD AS SO CORRECTED.
THE VOUCHER AND OTHER PAPERS TRANSMITTED WITH YOUR LETTER ARE RETURNED.