B-116526, SEP 8, 1953

B-116526, SEP 8, 1953

PRECIS-UNAVAILABLE

CAPTAIN C. L. CARDWELL, F. C., U. S. ARMY:

BY FIRST INDORSEMENT DATED AUGUST 5, 1953, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF JUNE 15, 1953, REQUESTING ADVANCE DECISION AS TO WHETHER PAYMENT MAY BE MADE ON THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF GEORGE L. OWENS, FOR UNUSED LEAVE AT DATE OF HIS DISCHARGE AS PRIVATE, ARMY OF THE UNITED STATES.

IT APPEARS THAT ON DECEMBER 12, 1945, OWENS WAS DISHONORABLY DISCHARGED FROM THE ARMY PURSUANT TO THE SENTENCE OF A GENERAL COURT MARTIAL, AND THAT ON OCTOBER 22, 1948, UNDER AUTHORITY OF SECTION 207 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, 60 STAT. 837, HIS MILITARY RECORD WAS CORRECTED TO SHOW THAT HE WAS HONORABLY DISCHARGED FROM THE ARMY OF THE UNITED STATES AS OF DECEMBER 12, 1945.

IN 27 COMP. GEN. 665, IT WAS HELD THAT THE SAID SECTION 207 DID NOT AUTHORIZE THE PAYMENT OF ANY CLAIM BASED UPON THE CORRECTION OF A MILITARY RECORD. HOWEVER, SECTION 207 WAS AMENDED BY THE ACT OF OCTOBER 25, 1951, BY ADDING SUBSECTION (B) THERETO, 65 STAT. 656, WHICH AUTHORIZES THE PAYMENT OUT OF CURRENT APPROPRIATIONS OF CLAIMS FOR AMOUNTS FOUND TO BE DUE ON ACCOUNT OF MILITARY OR NAVAL SERVICE AS A RESULT OF ACTION THERETOFORE TAKEN PURSUANT TO THE SAID SECTION 207. SECTION 4(D) OF THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, 37 U.S.C. 33(D), PROVIDES THAT ANY MEMBER OF THE ARMED FORCES DISCHARGED UNDER OTHER THAN HONORABLE CONDITIONS SHALL FORFEIT ALL UNUSED LEAVE TO HIS CREDIT AT THE TIME OF DISCHARGE, BUT SECTION 5(A), AS AMENDED, 37 U.S.C. 34(A), PROVIDES THAT ENLISTED MEMBERS DISCHARGED PRIOR TO SEPTEMBER 1, 1946, AND FORMER ENLISTED MEMBERS DISCHARGED PRIOR TO AUGUST 9, 1946, SHALL BE COMPENSATED FOR UNUSED LEAVE IF APPLICATION IS MADE TO THE SECRETARY CONCERNED NOT LATER THAN JUNE 30, 1951, OR, IN THE CASE OF ANY MEMBER OR FORMER MEMBER WHOSE RECORD IS CORRECTED AFTER AUGUST 9, 1946, TO SHOW DISCHARGE UNDER HONORABLE CONDITIONS, NOT LATER THAN JUNE 30, 1951, "OR WITHIN ONE YEAR AFTER THE DATE ON WHICH SUCH RECORD IS CORRECTED, WHICHEVER IS LATER." DECISION OF JULY 30, 1952, 32 COMP. GEN. 61, IT WAS HELD THAT, INASMUCH AS THE RIGHT TO PAYMENT FOR UNUSED LEAVE BASED UPON A CORRECTION OF THE RECORDS PURSUANT TO SECTION 207 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, DID NOT ARISE UNTIL THE ENACTMENT OF PUBLIC LAW 220, APPROVED OCTOBER 25, 1951, 65 STAT. 655, THE ONE-YEAR PERIOD OF LIMITATION PRESCRIBED IN THE ARMED FORCES LEAVE ACT DID NOT BEGIN TO RUN UNTIL THAT DATE.

UNDER DATE OF OCTOBER 20, 1952, OWENS WAS ADVISED THAT, IN ACCORDANCE WITH THAT DECISION, IN ORDER TO BE ELIGIBLE TO RECEIVE PAYMENT FOR HIS ACCRUED LEAVE HE SHOULD SUBMIT HIS CLAIM FOR COMPENSATION THEREFOR IMMEDIATELY IN ORDER THAT IT MIGHT BE RECEIVED IN THE ARMY FINANCE CENTER PRIOR TO OCTOBER 25, 1952. OWENS' CONSEQUENT CLAIM IS DATED NOVEMBER 4, 1952, AND DATES STAMPED ON THE REVERSE THEREOF ALL ARE LATER THAN OCTOBER 25, 1952. HENCE OWENS IS NOT ENTITLED TO PAYMENT FOR HIS UNUSED LEAVE ON THE BASIS OF THE PARTICULAR CLAIM PRESENTED WITH THE VOUCHER ACCOMPANYING YOUR SUBMISSION. HOWEVER, THE RECORDS OF THIS OFFICE SHOW THAT UNDER DATE OF MARCH 24, 1949, OWENS EXECUTED A CLAIM FOR CERTAIN AMOUNTS BELIEVED TO BE DUE HIM INCIDENT TO HIS MILITARY SERVICE, INCLUDING PAYMENT FOR UNUSED LEAVE ACCRUED AT DATE OF DISCHARGE, WHICH WAS RECEIVED IN THE ARMY FINANCE CENTER, ST. LOUIS, MISSOURI, ON MARCH 29, 1949. IN VIEW OF SUCH CLAIM, PAYMENT MAY BE MADE ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IF OTHERWISE CORRECT.