B-125141, JAN. 25, 1956

B-125141, JAN. 25, 1956

TO MR. BAYARD W. GRANT:

FURTHER REFERENCE IS MADE TO YOUR CLAIM DATED OCTOBER 5, 1954, FOR PAY AND ALLOWANCES AS A FIRST LIEUTENANT, U.S. ARMY RESERVE, AND MILEAGE FOR PERIODS OF ACTIVE DUTY AND TRAVEL COVERED BY LETTER ORDERS NOS. 135, 136 AND 137, DATED JULY 5, 1951, ISSUED BY HEADQUARTERS, DELAWARE MILITARY DISTRICT, WILMINGTON, DELAWARE, WHICH WAS FORWARDED HERE FOR DIRECT SETTLEMENT BY THE SETTLEMENTS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA. SINCE AN IDENTICAL CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 30, 1954, YOUR RECENT CLAIM WAS CONSIDERED AS BEING IN THE NATURE OF A REQUEST FOR REVIEW OF SUCH PRIOR ACTION. THERE HAS ALSO BEEN RECEIVED YOUR LETTER OF DECEMBER 7, 1955, WITH ENCLOSURES, REGARDING THE MATTER.

UNDER THE CITED ORDERS NOS. 135, 136 AND 137, YOU WERE DIRECTED TO PROCEED FROM YOUR HOME IN WILMINGTON, DELAWARE, TO FORT GEORGE G. MEADE, MARYLAND, EFFECTIVE JULY 19, 24 AND AUGUST 2, 1951, RESPECTIVELY, FOR THE PURPOSE OF UNDERGOING RECHECK OF PHYSICAL EXAMINATION AND THEN TO RETURN TO YOUR HOME AND REVERT TO AN INACTIVE DUTY STATUS THE FOLLOWING DAY. YOUR ORIGINAL CLAIM WAS DISALLOWED BY THE SETTLEMENT OF APRIL 30, 1954, BECAUSE THE ADJUTANT GENERAL OF THE ARMY HAD REPORTED THAT THERE WAS NO RECORD OF YOUR PERFORMING ACTIVE DUTY AS DIRECTED BY THE CITED ORDERS DATED JULY 5, 1951.

UPON RECEIPT OF YOUR CLAIM DATED OCTOBER 5, 1954, A FURTHER INQUIRY WAS MADE TO THE DEPARTMENT OF THE ARMY WHETHER THE RECORDS NOW INDICATE THAT YOU COMPLIED WITH THE ORDERS HERE INVOLVED. IN RESPONSE THERE WAS FURNISHED INFORMATION FROM THE ADJUTANT GENERAL'S OFFICE SUFFICIENT TO ESTABLISH THAT YOU REPORTED TO THE U.S. ARMY HOSPITAL AT FORT GEORGE G. MEADE, MARYLAND, IN COMPLIANCE WITH THE CITED ORDERS NO. 137. IT WAS ALSO REPORTED THAT THERE WAS NO RECORD PERTAINING TO COMPLIANCE WITH LETTER ORDERS NOS. 135 AND 136, ALTHOUGH IT IS INDICATED THAT YOU WERE AT THE DISPENSARY AT FORT HOLABIRD, MARYLAND, ON JULY 19 AND 24, 1951. RESPONSE TO OUR LETTER OF NOVEMBER 15, 1955, REQUESTING ADDITIONAL INFORMATION IN SUPPORT OF YOUR CLAIM, YOU SAY THAT YOU COMPLIED WITH THE ORDERS INVOLVED, BUT THE ENCLOSURES SUBMITTED FAIL TO ESTABLISH SUCH A COMPLIANCE. THE COPY OF A LETTER DATED NOVEMBER 26, 1951, ON WHICH YOU RELY, REQUESTING THE COMMANDING OFFICER OF FORT MEADE TO FURNISH AN ACTIVE DUTY REPORT FOR THE ACTIVE DUTY DIRECTED, APPEARS TO HAVE BEEN BASED ON THE ORDERS DIRECTING THE DUTY RATHER THAN ON ANY EVIDENCE THAT YOU PERFORMED SUCH DUTY. IN THE ABSENCE OF THE REQUESTED REPORT SHOWING THAT YOU PERFORMED SUCH DUTY, THE COPY OF THE LETTER SUBMITTED HERE FURNISHES NO BASIS FOR ALLOWING YOUR CLAIM. HENCE, IN THE ABSENCE OF EVIDENCE THAT YOU COMPLIED WITH THE PROVISIONS OF LETTER ORDERS NOS. 135 AND 136, NO AMOUNT MAY BE ALLOWED UNDER THOSE ORDERS.

A SETTLEMENT WILL ISSUE IN YOUR FAVOR IN DUE COURSE FOR TWO DAYS' PAY AS A FIRST LIEUTENANT WITH OVER EIGHT YEARS' SERVICE AND TRAVEL ALLOWANCE FROM WILMINGTON, DELAWARE, TO FORT GEORGE G. MEADE, MARYLAND, AND RETURN, TO COVER THE DUTY AND TRAVEL DIRECTED BY LETTER ORDERS NO. 137.