B-124855, MAY 19, 1960

B-124855, MAY 19, 1960

TO MR. CLIFFORD W. ASTON:

REFERENCE IS MADE TO YOUR LETTER OF MAY 5, 1960, CONCERNING YOUR CLAIM FOR PAY AND ALLOWANCES FOR THE PERIOD JULY 1, 1953, TO JUNE 30, 1954, AS AN ENLISTED MEMBER OF THE UNITED STATES AIR FORCE.

IN OUR LETTER OF OCTOBER 28, 1958, WE REVIEWED BRIEFLY THE BASIS FOR OUR DECISIONS OF OCTOBER 25, 1955 AND JANUARY 29, 1957, IN YOUR CASE. POINTED OUT THAT SINCE YOU HAD SUBMITTED NO NEW EVIDENCE WHICH WOULD WARRANT A CONCLUSION DIFFERENT FROM THAT REACHED IN THE DECISIONS AND AS WE KNOW OF NO STATUTORY AUTHORITY FOR PAYMENT OF YOUR CLAIM WE COULD NOT GIVE IT FAVORABLE CONSIDERATION. WE SUGGESTED THAT YOU CONTACT THE AIR FORCE DISCHARGE REVIEW BOARD ABOUT THE MATTER. IN YOUR PRESENT LETTER YOU SAY THAT YOU HAVE BEEN CORRESPONDING WITH THAT BOARD AND THEY FIND THAT THE DATE OF YOUR HONORABLE DISCHARGE IS JUNE 30, 1954, INSTEAD OF JULY 25, 1953. AS A CONSEQUENCE YOU DEPLORE THE FACT THAT YOU CANNOT BE PAID ACTIVE-DUTY PAY AND ALLOWANCES FOR THE PERIOD COVERED BY YOUR CLAIM.

WE DO NOT DISPUTE THE FACT THAT YOU WERE ISSUED AN HONORABLE DISCHARGE AS OF JUNE 30, 1954. AS EXPLAINED IN DETAIL, HOWEVER, IN THE DECISION OF JANUARY 29, 1957, THE DISCHARGE ISSUED TO YOU EFFECTIVE JULY 25, 1953, LEGALLY TERMINATED YOUR MILITARY STATUS AND THE SUBSEQUENT ISSUANCE OF THE HONORABLE DISCHARGE IS WITHOUT EFFECT TO CONFER UPON YOU A MILITARY STATUS ENTITLING YOU TO PAY AND ALLOWANCES AFTER JULY 25, 1953.

WHILE WE APPRECIATE YOUR FEELINGS IN THIS MATTER, WE TRUST YOU WILL UNDERSTAND THAT IN THE ABSENCE OF A CORRECTION OF THE RECORDS PURSUANT TO ACTION BY THE BOARD FOR CORRECTION OF MILITARY RECORDS OF THE AIR FORCE, THERE IS NO BASIS UPON WHICH WE MAY GIVE YOUR CLAIM FAVORABLE CONSIDERATION.