B-113338, MAR. 15, 1956

B-113338, MAR. 15, 1956

TO MR. JIMMIO LEE BAILEY:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 1, 1956, AND PRIOR COMMUNICATIONS, CONCERNING YOUR CLAIM FOR AMOUNTS BELIEVED TO BE DUE YOU AS AN ENLISTED MEMBER OF THE ARMY OF THE UNITED STATES.

IN FURTHER SUSTAINING THE PRIOR ACTION TAKEN ON YOUR CLAIM YOU WERE ADVISED IN OUR DECISION DATED DECEMBER 13, 1954, THAT WHILE YOUR SERVICE RECORD WAS CORRECTED BY THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS TO SHOW A DISCHARGE FROM THE SERVICE UNDER HONORABLE CONDITIONS, SAID BOARD SPECIFICALLY DIRECTED THAT NO PAY OR ALLOWANCES BE PAID BY THE DEPARTMENT OF THE ARMY AS A RESULT OF THE CORRECTION OF RECORDS.

AS YOU PREVIOUSLY WERE ADVISED, THE RECORD SHOW THAT YOU REENLISTED IN THE ARMY ON OCTOBER 24, 1945, AND THAT BY SENTENCE PUBLISHED IN GENERAL COURT-MARTIAL ORDER NO. 6, HEADQUARTERS, MEDITERRANEAN THEATRE OF OPERATIONS, UNITED STATES ARMY, APO 513, DATED APRIL 25, 1947, YOU WERE SENTENCED TO BE DISHONORABLY DISCHARGED FROM THE SERVICE, TO FORFEIT ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE, AND TO BE CONFINED FOR TEN YEARS. YOU WERE DISHONORABLY DISCHARGED FROM THE MILITARY SERVICE ON MAY 7, 1947. AMONG THE NUMEROUS PAPERS RECEIVED FROM YOU IN CONNECTION WITH YOUR CLAIM IS A TYPEWRITTEN LETTER DATED OCTOBER 28, 1953, STATING THAT "INASMUCH AS I HAVE BEEN CLEARED OF ANY MISCONDUCT IN SERVICE I FEEL THAT THE ARMY OWES ME ACTIVE PAY FROM THE DATE I ENTERED SERVICE, FROM OCTOBER 24, 1945 THROUGH MAY 7, 1947.' IN THAT CONNECTION, YOUR OFFICIAL PAY RECORDS SHOW THAT FROM OCTOBER 24, 1945, DATE OF REENLISTMENT TO JUNE 30, 1947, AND FROM AUGUST 1, 1946, TO SEPTEMBER 30, 1947, YOU WERE CURRENTLY PAID PAY AND ALLOWANCES. HENCE, CONTRARY TO YOUR APPARENT BELIEF, YOU WERE PAID PAY AND ALLOWANCES DUE YOU FOR THE PERIODS STATED. WHILE THE RECORD SHOWS THAT YOU WERE NOT PAID PAY AND ALLOWANCES FOR THE MONTH OF JULY 1946, AND FROM OCTOBER 1, 1946, TO APRIL 25, 1947, THE PAY AND ALLOWANCES WHICH ACCRUED AND REMAINED UNPAID DURING THAT PERIOD WERE FORFEITED BY THE EXPRESS TERMS OF YOUR COURT-MARTIAL SENTENCE DATED APRIL 25, 1947, IMPOSING FORFEITURE OF ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE. THE CORRECTION OF YOUR RECORD AS DIRECTED BY THE SECRETARY OF THE ARMY IN MEMORANDUM OF JUNE 5, 1953 (ON THE RECOMMENDATIONS OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS), CONSISTS OF NOTHING MORE THAN A CHANGE TO SHOW THAT YOU WERE SEPARATED ON A CERTIFICATE OF GENERAL DISCHARGE FROM THE ARMY OF THE UNITED STATES, DATED MAY 7, 1947, IN LIEU OF THE DISHONORABLE DISCHARGE WHICH PREVIOUSLY HAD BEEN ISSUED. YOUR MILITARY RECORDS WERE NOT CORRECTED, HOWEVER, SO AS TO DELETE OR MODIFY THAT PORTION OF THE COURT-MARTIAL SENTENCE IMPOSING FORFEITURE OF ALL PAY AND ALLOWANCES. ACCORDINGLY, ON THE BASIS OF YOUR RECORD AS CORRECTED BY THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS, THERE IS NO FURTHER AMOUNT DUE ON YOUR CLAIM FOR PAY AND ALLOWANCES DURING THE PERIOD OCTOBER 24, 1945, TO MAY 7, 1947.

CONCERNING ANY RIGHT YOU MIGHT HAVE TO PAYMENT OF MUSTERING-OUT PAY AS A RESULT OF THE CORRECTION OF YOUR RECORDS, YOU ARE ADVISED THAT THE STATORY MAXIMUM AMOUNT AUTHORIZED UNDER THE PROVISIONS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, 58 STAT. 8, IN EFFECT AT THE TIME OF YOUR DISCHARGE, WAS $300. YOUR PAY RECORDS SHOW THAT YOU WERE PAID $200 MUSTERING-OUT PAY ON A PRIOR ENLISTMENT. SINCE THE RECORD BEFORE US IS NOT SUFFICIENT TO SUBSTANTIATE THE PAYMENT OF AN ADDITIONAL $100, AND IN THE ABSENCE OF A DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOU ARE ENTITLED TO AN ADDITIONAL PAYMENT OF MUSTERING-OUT PAY INCIDENT TO YOUR SERVICE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES DURING THE ENLISTMENT PERIOD FROM OCTOBER 24, 1945, TO MAY 7, 1947, NO FURTHER ACTION MAY BE TAKEN BY OUR OFFICE.

IN THE EVENT YOU DO NOT FULLY UNDERSTAND THE CONTENTS OF THIS LETTER, IT IS SUGGESTED THAT YOU TAKE IT TO THE SERVICE OFFICER AT YOUR LOCAL VETERANS' ORGANIZATION, OR A RED CROSS REPRESENTATIVE, WHO, WE ARE SURE, WILL BE GLAD TO EXPLAIN IT TO YOU.