B-111628, JUL. 5, 1967

B-111628, JUL. 5, 1967

ARMED SERVICES - PAY - WORLD WAR II SERVICE DECISION TO FORMER ARMY ENLISTED MAN CONCERNING CLAIM FOR ARREARS OF PAY AND ALLOWANCES FOR WORLD WAR II SERVICE. PAY ACCOUNT INDICATES CLAIMANT RECEIVED ALL THAT WAS DUE.

TO MR. ANTHONY T. DANIELS, JR; NO. 12068:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 23, 1967, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR ARREARS OF PAY AND ALLOWANCES BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES DURING WORLD WAR II.

OUR FILE SHOWS THAT YOU WERE INDUCTED IN THE ARMY OF THE UNITED STATES ON FEBRUARY 13, 1943, AND THAT PURSUANT TO THE PROVISIONS OF ARMY REGULATIONS NO. 615-368, DATED MARCH 7, 1945, YOU WERE DISCHARGED UNDER OTHER THAN HONORABLE CONDITIONS ON OCTOBER 6, 1945, AT FORT DIX, NEW JERSEY. SHORTLY AFTER YOUR DISCHARGE, ON OCTOBER 26, 1945, YOU PRESENTED A CLAIM TO THE ARMY FOR A REFUND OF EXCESS DEDUCTIONS MADE FROM YOUR PAY FOR FAMILY ALLOWANCES AND ON AUGUST 26, 1947, THE ARMY MAILED YOU A CHECK FOR $80, REPRESENTING THE AMOUNT DETERMINED TO BE DUE YOU ($100 LESS A $20 FAMILY ALLOWANCE OVERPAYMENT MADE TO YOUR MOTHER FOR THE MONTH OF MARCH 1944).

IN A LETTER DATED JANUARY 25, 1951, YOU PRESENTED A CLAIM TO OUR CLAIMS DIVISION FOR "BACK PAY" WHICH YOU BELIEVED WAS DUE YOU INCIDENT TO YOUR MILITARY SERVICE. YOU STATED IN THAT LETTER THAT THE PAY YOU RECEIVED FROM THE TIME OF YOUR HOSPITALIZATION UNTIL YOUR DISCHARGE AMOUNTED ONLY TO $5. CONSEQUENTLY, TRANSCRIPTS OF YOUR PAY ACCOUNTS WERE OBTAINED BY THE CLAIMS DIVISION AND IN A SETTLEMENT DATED AUGUST 15, 1951, DISALLOWING YOUR CLAIM, A LISTING OF THE AMOUNTS DUE AND PAID TO YOU FOR THE PERIOD JUNE 1 TO OCTOBER 6, 1945, AS SHOWN BY THE TRANSCRIPTS, WAS MADE. THAT LISTING REVEALED, AMONG OTHER THINGS, THAT YOU WERE OVERPAID $2.91 AS OF THE DATE OF YOUR DISCHARGE.

ON AUGUST 18, 1952, IN ANOTHER LETTER ADDRESSED TO OUR CLAIMS DIVISION, YOU URGED FAVORABLE ACTION ON YOUR CLAIM ON THE BASIS THAT YOU WERE HOSPITALIZED FROM NOVEMBER 1944 TO DATE OF YOUR DISCHARGE FROM THE ARMY. IN THAT LETTER YOU NAMED THE HOSPITALS INVOLVED AND THEIR LOCATIONS AND, IN ADDITION, YOU ADVISED THAT DURING THE PERIOD OF YOUR HOSPITALIZATION YOU RECEIVED ONLY PARTIAL PAYMENTS AND $25 ON DATE OF DISCHARGE, $20 OF WHICH REPRESENTED SOLDIER'S DEPOSITS. BY OUR DECISION OF FEBRUARY 4, 1953, B-111628, WHICH SUSTAINED THE ACTION TAKEN IN THE SETTLEMENT OF AUGUST 15, 1951, YOU WERE FURNISHED WITH INFORMATION SHOWING THE AMOUNT OF THE PARTIAL PAYMENTS (CASH AND CHECK) MADE TO YOU DURING THE PERIOD NOVEMBER 1944 TO AUGUST 31, 1945, THE AMOUNT DUE YOU FOR THE PERIOD SEPTEMBER 1 TO OCTOBER 6, 1945, AND THE AMOUNT PAID TO YOU ON THE LATTER DATE. ON NOVEMBER 10 AND DECEMBER 23, 1966, OUR CLAIMS DIVISION ADVISED YOU, IN RESPONSE TO YOUR FURTHER INQUIRIES, THAT YOU HAD BEEN FULLY ADVISED CONCERNING YOUR CLAIM AND THAT THE RECORDS DO NOT INDICATE THAT AN ADDITIONAL AMOUNT IS DUE YOU FROM THE UNITED STATES.

IN YOUR LETTER OF APRIL 23, 1967, YOU SAY THAT THE INFORMATION FURNISHED IN THE OFFICE SETTLEMENT AND OUR DECISION CONCERNING THE AMOUNT DUE FROM THE UNITED STATES SEEMS TO BE INCORRECT. YOU POINT OUT THAT WHILE YOU REPORTED FOR EXAMINATION AND INDUCTION ON FEBRUARY 13, 1943, AND REMAINED IN THE MILITARY SERVICE UNTIL OCTOBER 6, 1945, OUR RECORDS COVER ONLY THE PAY PERIOD FROM JUNE 1, TO OCTOBER 6, 1945. SINCE YOU SERVED OVERSEAS FROM SEPTEMBER 1943 TO MAY 1945 YOU SAY YOU ARE ENTITLED TO "OVERSEAS PAY RATES (10 PERCENT) MORE", AND THAT OUR RECORDS DO NOT SHOW OR INDICATE TERMINAL LEAVE PAY, MUSTERING OUT PAY, FURLOUGH AND TRANSPORTATION PAY FROM SALINA, KANSAS, TO NEW YORK, NEW YORK, UPON COMPLETION OF BASIC TRAINING IN 1943, AND "SEVERANCE PAY (1945);, YOU REQUEST A "COMPLETE AUDIT" OF YOUR FINANCIAL SERVICE RECORDS, INCLUDING THE PAY VOUCHERS FOR THE PERIOD FROM FEBRUARY 13, 1943, TO JUNE 1, 1945.

OUR FILES CONTAIN A RECORD OF YOUR PAY ACCOUNT FOR THE ENTIRE PERIOD OF YOUR MILITARY SERVICE, FEBRUARY 13, 1943, TO OCTOBER 6, 1945. THAT RECORD SHOWS THAT YOU WERE CREDITED PAY AS A PRIVATE FROM FEBRUARY 13 TO APRIL 18, 1943, AND FROM AUGUST 17, 1943, TO OCTOBER 6, 1945, AND AS A PRIVATE FIRST CLASS FROM APRIL 19 UNTIL AUGUST 16, 1943. YOU WERE ALSO CREDITED WITH FOREIGN SERVICE PAY (20 PERCENT OF BASE PAY) FROM SEPTEMBER 30, 1943, TO MAY 13, 1945. EFFECTIVE MAY 1, 1943, AND TERMINATING OCTOBER 1945, YOUR PAY ACCOUNT WAS CHARGED WITH $22 PER MONTH FOR A FAMILY ALLOWANCE PAYABLE TO YOUR WIFE AND WITH AN ADDITIONAL $5 PER MONTH EFFECTIVE JULY 1, 1943, AND TERMINATING OCTOBER 1945, FOR A FAMILY ALLOWANCE PAYABLE TO YOUR MOTHER. SINCE THE ALLOWANCE TO YOUR MOTHER WAS DISCONTINUED EFFECTIVE FEBRUARY 29, 1944, THE AGGREGATE AMOUNT OF THE MONTHLY OVERDEDUCTIONS OF $5 FOR THE PERIOD MARCH 1, 1944, TO OCTOBER 1945 ($100), LESS OVERPAYMENT OF FAMILY ALLOWANCE TO HER FOR THE MONTH OF MARCH 1944 ($20) WAS REFUNDED TO YOU, AS INDICATED ABOVE.

YOUR PAY ACCOUNT ALSO WAS CHARGED WITH A CLASS "E" ALLOTMENT OF $2.41 PER MONTH, EFFECTIVE JULY 1, 1943, AND TERMINATING OCTOBER 1945, NATIONAL SERVICE LIFE INSURANCE ALLOTMENT OF $6.50 PER MONTH FOR THE ENTIRE PERIOD OF YOUR SERVICE (DEDUCTION BEING MADE IN FEBRUARY 1943 FOR CURRENT AND ADVANCE PAYMENTS ($13) (, CHARGES FOR GOVERNMENT LAUNDRY SERVICES AND GOVERNMENT PROPERTY LOST OR DAMAGED, FORFEITURE OF PAY PER SUMMARY COURT- MARTIAL NO. 24, HEADQUARTERS, 181ST QUARTERMASTER BATTALION (M), APO 350, U.S. ARMY, DATED SEPTEMBER 24, 1944 ($22), AND PARTIAL PAYMENTS MADE TO YOU BY CASH OR CHECK.

A CONSOLIDATED STATEMENT OF YOUR PAY ACCOUNT DURING THE PERIOD OF YOUR MILITARY SERVICE, INCLUDING ALL PROPER CREDITS AND DEBITS, IS AS FOLLOWS:

CREDITS PAY AS PRIVATE, FEBRUARY 13 TO APRIL 18, 1943,

$50 PER MONTH $110.00 PAY AS PRIVATE, FIRST CLASS, APRIL 19 TO AUGUST 16, 1943,

$54 PER MONTH 212.40 PAY AS PRIVATE, AUGUST 17 TO SEPTEMBER 29, 1943,

$50 PER MONTH 71.66 PAY AS PRIVATE, WITH FOREIGN SERVICE, SEPTEMBER 30, 1943,

TO MAY 13, 1945, $60 PER MONTH 1,168.00 PAY AS PRIVATE, MAY 14 TO OCTOBER 6, 1945,

$50 PER MONTH 238.33 SOLDIER'S DEPOSITS

20.00 INTEREST ON SOLDIER'S DEPOSITS 1.21 TRAVEL PAY 3.95

TOTAL CREDITS $1,825.55

DEBITS CLASS N ALLOTMENTS (NATIONAL SERVICE LIFE INSURANCE)

FEBRUARY 1943 TO SEPTEMBER 1945 (INCLUDES CURRENT AND

ADVANCE PAYMENTS IN FEBRUARY 1943) $6.50 PER MONTH $214.50 CLASS F (FAMILY ALLOWANCE) DEDUCTIONS, MAY AND JUNE 1943,

FOR WIFE $22 PER MONTH 44.00 CLASS F (FAMILY ALLOWANCE) DEDUCTIONS, JULY 1943 TO

OCTOBER 1945, FOR WIFE AND MOTHER $27 PER MONTH 756.00 CLASS E ALLOTMENT, JULY 1943 TO SEPTEMBER, 1945,

$2.41 PER MONTH 65.07 GOVERNMENT PROPERTY LOST OR DAMAGED 18.88 GOVERNMENT LAUNDRY CHARGES 6.50 SOLDIER'S DEPOSITS 20.00 COURT-MARTIAL FORFEITURE

22.00 PARTIAL PAYMENTS BY CHECK OR CASH 70.17 CASH MONTHLY PAYMENTS 611.34

TOTAL DEBITS $1,828.46

DIFFERENCE DUE U.S. 2.91

IT WILL BE OBSERVED FROM THE ABOVE STATEMENT THAT YOUR PAY ACCOUNT WAS CREDITED WITH BASIC PAY FROM THE DATE YOU ENTERED THE MILITARY SERVICE, FEBRUARY 13, 1943, UNTIL AND INCLUDING DATE OF DISCHARGE, AND THAT SUCH ACCOUNT WAS PROPERLY CREDITED WITH FOREIGN SERVICE PAY (20 PERCENT OF BASE PAY). IT WILL ALSO BE OBSERVED THAT THE PAYMENTS RECEIVED BY YOU INCIDENT TO YOUR MILITARY SERVICE EXCEEDED THE AMOUNT WHICH WAS PROPERLY DUE YOU, THAT IS, YOU WERE OVERPAID $2.91.

CONCERNING YOUR ENTITLEMENT TO MUSTERING-OUT PAY, THE LAW WHICH GOVERNED THE PAYMENT OF SUCH PAY AND WHICH WAS IN EFFECT AT THE TIME OF YOUR DISCHARGE, THE MUSTERING-OUT PAYMENT ACT OF 1944, APPROVED FEBRUARY 3, 1944, CH. 9, 58 STAT. 8, 38 U.S.C. 691-691G (1946 ED.), SPECIFICALLY PROVIDED THAT PAYMENT SHOULD BE MADE ONLY TO THOSE MEMBERS OTHERWISE ELIGIBLE WHO HAVE BEEN DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS ON OR AFTER DECEMBER 7, 1941. SINCE YOU WERE DISCHARGED FROM THE ARMY UNDER OTHER THAN HONORABLE CONDITIONS, YOU WERE NOT ENTITLED TO MUSTERING-OUT PAY.

AT THE TIME OF YOUR DISCHARGE FROM THE ARMY, THERE WAS NO LAW IN EFFECT AUTHORIZING A LUMP-SUM PAYMENT TO ENLISTED MEMBERS FOR ACCRUED LEAVE (TERMINAL LEAVE). THE LAW WHICH PROVIDED FOR SUCH PAYMENT WAS ENACTED ON AUGUST 9, 1946 (ARMED FORCES LEAVE ACT OF 1946, CH. 931, 60 STAT. 963, 37 U.S.C. 32-37 (1946 ED.). HOWEVER, INASMUCH AS THAT LAW ALSO RESTRICTED PAYMENT TO MEMBERS DISCHARGED UNDER HONORABLE CONDITIONS AND OTHERWISE ENTITLED, IT IS CLEAR THAT YOU WERE INELIGIBLE TO RECEIVE SUCH BENEFIT IF A CLAIM THEREFOR HAD BEEN PRESENTED WITHIN STATUTORY TIME LIMITATIONS.

THE ABOVE LISTING OF THE CREDITS TO YOUR MILITARY PAY ACCOUNT DISCLOSES THAT SUCH ACCOUNT WAS CREDITED WITH MILITARY PAY FOR EVERY DAY OF YOUR MILITARY SERVICE. HENCE, IT IS EVIDENT THAT SUCH ACCOUNT WAS CREDITED WITH PAY DURING THE PERIOD YOU WERE ON FURLOUGH FROM SALINA, KANSAS, TO NEW YORK, NEW YORK, FOLLOWING THE COMPLETION OF YOUR BASIC TRAINING. AUTHORITY EXISTED FOR CREDITING YOUR ACCOUNT WITH TRAVEL ALLOWANCES INCIDENT TO THE TRAVEL PERFORMED BY YOU DURING THAT FURLOUGH SINCE THE TRAVEL BY A MEMBER DURING A PERIOD OF FURLOUGH IS FOR PERSONAL RATHER THAN GOVERNMENT INTERESTS, AND THEREFORE, MUST BE BORNE BY HIM.

ENLISTED MEMBERS OF THE ARMY WHO SERVED DURING WORLD WAR II DID NOT RECEIVE SEVERANCE PAY SINCE THERE WAS NO STATUTORY AUTHORITY FOR PAYMENT OF SUCH BENEFIT. THE COMPARABLE PAYMENT WAS MUSTERING-OUT PAY AND, AS STATED ABOVE, YOU WERE INELIGIBLE TO RECEIVE SUCH BENEFIT BECAUSE YOU WERE DISCHARGED FOR OTHER THAN HONORABLE CONDITIONS.

IN VIEW OF THE ABOVE, THERE IS NO FURTHER ACTION FOR THIS OFFICE TO TAKE ON YOUR CLAIM.