B-129200, OCT. 31, 1956
Highlights
32909: REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 28 AND SEPTEMBER 10. WHEREBY YOU WERE SENTENCED TO FORFEIT ALL PAY AND ALLOWANCES TO BECOME DUE AFTER THE DATE OF THE ORDER. YOU SAY THAT DURING THE PERIOD INVOLVED YOU DID NOT HAVE IN EFFECT A "CLASS F ALLOTMENT" OR ANY OTHER ALLOTMENT. YOU ARE ENTITLED TO AN AMOUNT OF MORE THAN $500. THAT YOU WERE ABSENT WITHOUT LEAVE ON JUNE 23. THAT YOU WERE IN CONFINEMENT FROM JULY 28. WHILE YOU WERE IN CONFINEMENT AND YOU WERE NOT RESTORED TO DUTY AFTER THAT DATE. WAS AUTHORIZED EFFECTIVE JULY 1. WERE MADE TO YOUR MOTHER. WHO WAS DESIGNATED AS PAYEE OF THE FAMILY ALLOWANCE CHECKS. IS AS FOLLOWS: TABLE CREDITS PAY AS A CORPORAL FROM JUNE 1 TO AUGUST 6.
B-129200, OCT. 31, 1956
TO MR. JULIUS DUNBAR, 32909:
REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 28 AND SEPTEMBER 10, 1956, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 22, 1956, WHICH DISALLOWED YOUR CLAIM FOR PAY FOR THE PERIOD PRIOR TO YOUR DISCHARGE FROM THE ARMY IN 1949.
YOU SAY THAT YOU NEVER RECEIVED ANY PAY FOR THE PERIOD FROM JUNE 1, 1948, TO MARCH 25, 1949, AND REFER TO GENERAL COURT-MARTIAL ORDER NO. 90, HEADQUARTERS, NINTH INFANTRY DIVISION, FORT DIX, NEW JERSEY, DATED MARCH 25, 1949, WHEREBY YOU WERE SENTENCED TO FORFEIT ALL PAY AND ALLOWANCES TO BECOME DUE AFTER THE DATE OF THE ORDER, TO BE CONFINED AT HARD LABOR FOR SIX MONTHS, AND TO BE DISHONORABLY DISCHARGED THE SERVICE UPON RELEASE FROM CONFINEMENT. YOU SAY THAT DURING THE PERIOD INVOLVED YOU DID NOT HAVE IN EFFECT A "CLASS F ALLOTMENT" OR ANY OTHER ALLOTMENT. YOU SAY ALSO THAT SINCE YOU HAD ABOUT 15 DAYS OR ACCRUED LEAVE AND SINCE FOR THE PERIOD INVOLVED YOUR PAY ACCRUED AT THE RATE OF $75 TO $90 A MONTH, YOU ARE ENTITLED TO AN AMOUNT OF MORE THAN $500.
THE OFFICIAL RECORDS SHOW THAT YOU ENLISTED ON FEBRUARY 7, 1947, FOR A PERIOD OF 18 MONTHS; THAT YOU WERE ABSENT WITHOUT LEAVE ON JUNE 23, 1948, AND FROM JULY 2 TO 27, 1948; AND THAT YOU WERE IN CONFINEMENT FROM JULY 28, 1948, TO APRIL 19, 1949, THE DATE OF YOUR DISCHARGE. YOUR TERM OF ENLISTMENT EXPIRED ON AUGUST 6, 1948, WHILE YOU WERE IN CONFINEMENT AND YOU WERE NOT RESTORED TO DUTY AFTER THAT DATE. IT APPEARS ALSO THAT ON JUNE 15, 1948, YOU APPLIED FOR A FAMILY ALLOWANCE -- SOMETIMES REFERRED TO AS "CLASS F ALLOTMENT"--- FOR YOUR FATHER AND YOUR THREE SISTERS; THAT PAYMENT OF SUCH ALLOWANCE AT THE RATE OF $37 A MONTH, CONSISTING OF YOUR CONTRIBUTION OF $22 AND THE GOVERNMENT'S CONTRIBUTION OF $15, WAS AUTHORIZED EFFECTIVE JULY 1, 1948; AND THAT PAYMENTS FOR THE PERIOD FROM JULY 1, 1948, THROUGH MARCH 1949, WERE MADE TO YOUR MOTHER, MRS. VERONICA DUNBAR, WHO WAS DESIGNATED AS PAYEE OF THE FAMILY ALLOWANCE CHECKS.
A STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD BEGINNING JUNE 1, 1948, AS SHOWN BY VOUCHER NO. 25643, APRIL 1949 ACCOUNTS OF E. L. BRINCKMANN, IS AS FOLLOWS:
TABLE
CREDITS
PAY AS A CORPORAL FROM JUNE 1 TO AUGUST 6,
1948 (EXCLUDING PERIODS OF ABSENCE WITHOUT
LEAVE ON JUNE 23 AND FROM JULY 2 TO 27),
AT $90 A MONTH $117.00
CHARGES
SOLDIERS' HOME DEDUCTIONS $ 0.20
FAMILY ALLOWANCE DEDUCTIONS FOR THE
PERIOD FROM JULY 1, 1948, THROUGH
MARCH 1949198.00
GOVERNMENT PROPERTY LOST OR DAMAGED 11.06
LAUNDRY 2.00 211.26
OVERPAYMENT IN YOUR ACCOUNT $ 94.26
IT APPEARS THAT THE AMOUNT DUE YOU AS PAY WAS APPLIED BY THE DEPARTMENT OF THE ARMY TO THE CHARGES IN A DEFINITE ORDER OF PRIORITY ESTABLISHED BY ARMY REGULATIONS AND THAT IT WAS SUFFICIENT TO LIQUIDATE THE FOLLOWING CHARGES: (1) $0.20 FOR SOLDIERS' HOME DEDUCTIONS AND (2) $116.80 FOR FAMILY ALLOWANCE DEDUCTIONS, LEAVING A BALANCE OF $81.20 DUE FOR THE FAMILY ALLOWANCE, $11.06 DUE FOR GOVERNMENT PROPERTY LOST OR DAMAGED AND $2 DUE FOR LAUNDRY. NO PAYMENT WAS MADE TO YOU ON VOUCHER NO. 25643.
IT IS WELL ESTABLISHED THAT WHEN AN ENLISTED MAN IS HELD IN CONFINEMENT BEYOND THE TERM OF HIS ENLISTMENT AWAITING TRIAL AND IS NOT ACQUITTED, NO PAY AND ALLOWANCES ACCRUE TO HIM AFTER THE EXPIRATION OF HIS ENLISTMENT WHILE AWAITING TRIAL OR WHILE SERVING A SENTENCE OF CONFINEMENT. 30 COMP. GEN. 449; 33 ID. 281 AND OTHER CASES CITED IN 33 COMP. GEN. 195, 196. PAYMENT FOR ANY ACCRUED LEAVE WHICH YOU HAD TO YOUR CREDIT IS NOT AUTHORIZED SINCE SECTION 4 (D) OF THE ARMED FORCES LEAVE ACT OF 1946, AS ADDED BY SECTION 1 OF THE ACT OF AUGUST 4, 1947, 61 STAT. 748, 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.
SINCE PAYMENT OF THE FAMILY ALLOWANCE WAS NOT CONTINGENT UPON PAY ACCRUING TO AN ENLISTED MAN, YOUR DEPENDENTS WERE ENTITLED TO THE FAMILY ALLOWANCE THROUGH MARCH 1949, BUT YOU WERE PROPERLY CHARGEABLE WITH YOUR CONTRIBUTION TO SUCH ALLOWANCE AT $22 A MONTH.
FROM THE FOREGOING IT WILL BE SEEN THAT NO AMOUNT IS DUE YOU AND THERE IS NO BASIS FOR FAVORABLE ACTION ON YOUR CLAIM.