B-157774, NOV. 23, 1965

B-157774, NOV. 23, 1965

TO MR. WINSTON EDMOND:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17, 1965, REQUESTING REVIEW OF OUR SETTLEMENT OF SEPTEMBER 10, 1965, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES WHICH YOU BELIEVE TO BE DUE YOU INCIDENT TO YOUR SERVICE IN THE ARMY IN 1943 AND 1944. AS A BASIS FOR THE DISALLOWANCE, THE SETTLEMENT CONTAINED A CONSOLIDATED STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD JUNE 1, 1943, TO MAY 6, 1944, SHOWING NO AMOUNT DUE YOU FOR THE REASON THAT THE TOTAL OF THE CHARGES AGAINST YOUR PAY ACCOUNT ($591.93) FOR THAT PERIOD EXCEEDED THE TOTAL OF THE CREDITS ($586.13) BY $5.80. ALSO, WE HAVE RECEIVED YOUR LETTER OF OCTOBER 31, 1965, IN WHICH YOU SAY THAT YOU WISH TO INSTITUTE A CLAIM FOR COMPENSATION ON ACCOUNT OF A SERVICE-CONNECTED DISABILITY.

YOU MENTION VARIOUS REASONS WHY YOU CONSIDER THAT YOU COULD NOT HAVE RECEIVED THE AMOUNTS WHICH YOU BELIEVE YOU SHOULD HAVE BEEN PAID FOR THE PERIOD INVOLVED. AMONG OTHER THINGS, YOU SAY THAT YOU WERE SENTENCED BY A SPECIAL COURT-MARTIAL IN MAY 1943 TO BE CONFINED FOR 6 MONTHS AND TO FORFEIT $33 OF YOUR PAY FOR 6 MONTHS. YOU ALSO SAY, HOWEVER, THAT THE FINE WAS SUSPENDED AND THAT THE SENTENCE OF CONFINEMENT WAS REDUCED TO 90 DAYS. IN VIEW OF YOUR REPRESENTATIONS, ALL THE PAPERS IN OUR FILE RELATING TO YOUR CASE HAVE BEEN CAREFULLY REEXAMINED. THAT FILE CONTAINS A REPORT DATED JANUARY 6, 1948, FROM THE WAR DEPARTMENT, THE PERTINENT PART OF WHICH READS AS FOLLOWS:

"THE RECORDS FURTHER SHOW THAT HE WAS TRIED BY SPECIAL COURT MARTIAL NUMBER 97, HEADQUARTERS, CAMP CARSON, COLORADO, DATED 11 JUNE 1943 FOR THE VIOLATION OF THE 96TH ARTICLE OF WAR: (1) OPERATE VEHICLE IN EXCESS OF SPEED LIMIT (2) ON DUTY IN IMPROPER UNIFORM (3) WRONGFULLY TAKE AND USE AUTO OF A VALUE OF $50.00; SENTENCED TO BE CONFINED AT HARD LABOR FOR THREE MONTHS AND TO FORFEIT $15.00 OF HIS PAY PER MONTH FOR SIX MONTHS; SENTENCE, APPROVED 15 JUNE 1943; RELEASED FROM CONFINEMENT 18 AUGUST 1943.'

THE FILE ALSO CONTAINS YOUR LETTER OF JULY 15, 1947, IN WHICH YOU INDICATED THAT YOU HAD BEEN PAID TO INCLUDE MAY 31, 1943. YOU STATED IN THAT LETTER THAT THE DEDUCTIONS CHARGEABLE AGAINST YOUR PAY FOR THE PERIOD IN QUESTION INCLUDED A $90 FINE ASSESSED AGAINST YOU DURING THE MONTH OF JUNE 1943. ON THE BASIS OF SUCH RECORDS, WE FIND NO REASON FOR CONCLUDING THAT YOU WERE NOT PROPERLY CHARGEABLE WITH THE FORFEITURE OF $15 PER MONTH FOR THE 6-MONTH PERIOD.

SINCE YOU HAVE ALLEGED GENERALLY THAT YOU WERE NOT PAID AS YOU SHOULD HAVE BEEN PAID DURING SUCH PERIOD, IT IS TO BE NOTED THAT YOUR MONTHLY BASE PAY AS A PRIVATE WAS $50 AND THAT YOUR PAY ACCOUNT FOR THE ENTIRE PERIOD INVOLVED WAS CHARGEABLE WITH A MONTHLY DEDUCTION OF $27 AS YOUR CONTRIBUTION TO THE FAMILY ALLOWANCE PAID YOUR DEPENDENTS AND WITH A MONTHLY DEDUCTION OF $6.60 FOR YOUR CLASS N ALLOTMENT (NATIONAL SERVICE LIFE INSURANCE). AFTER MAKING SUCH DEDUCTIONS, THERE REMAINED ONLY $16.40 OF YOUR MONTHLY BASE PAY. THERE IS SET FORTH BELOW A DETAILED STATEMENT OF THE AMOUNTS WHICH YOU WERE PAID FOR THE VARIOUS PAY PERIODS AND THE REASONS WHY YOU WERE SO PAID.

YOUR PAY ACCOUNT FOR THE MONTHS OF JUNE, JULY, AND AUGUST 1943 WAS COVERED BY VOUCHER NO. 6777, SEPTEMBER 1943 ACCOUNTS OF LIEUTENANT COLONEL A. J. WORCOTT, FORT FRANCIS E. WARREN, WYOMING, AND YOU WERE PAID ON THAT VOUCHER A CASH PAYMENT OF $4.20, AS THE NET AMOUNT PAYABLE OUT OF THE $150 DUE YOU FOR SUCH 3-MONTH PERIOD. THE DEDUCTIONS MADE ON THAT VOUCHER INCLUDED A DEDUCTION OF $45 (3 MONTHS AT $15 PER MONTH) PURSUANT TO THE COURT-MARTIAL ORDER OF JUNE 15, 1943, $81 FAMILY ALLOWANCE DEDUCTION, AND $19.80 CLASS N ALLOTMENT.

YOUR PAY ACCOUNT FOR THE MONTH OF SEPTEMBER 1943 WAS COVERED BY VOUCHER NO. 9477, OCTOBER 1943 ACCOUNTS OF COLONEL WORCOTT. YOU WERE PAID ON THAT VOUCHER A CASH PAYMENT OF $15.40, AS THE NET AMOUNT DUE YOU FOR THAT MONTH, AFTER DEDUCTIONS OF $6.60 CLASS N ALLOTMENT, $27 FAMILY ALLOWANCE AND $1 LAUNDRY. NO DEDUCTION WAS MADE ON THAT VOUCHER PURSUANT TO THE COURT-MARTIAL ORDER OF JUNE 15, 1943.

YOUR PAY ACCOUNT FOR THE PERIOD OCTOBER 1, 1943, THROUGH FEBRUARY 29, 1944, WAS COVERED BY VOUCHER NO. 23640, MARCH 1944 ACCOUNTS OF LIEUTENANT COLONEL E. J. BERRY, CAMP CARSON, COLORADO, AND YOU WERE PAID ON THAT VOUCHER A CASH PAYMENT OF $3.56, AS THE NET AMOUNT PAYABLE OUT OF THE $250 DUE YOU FOR THAT 5-MONTH PERIOD. A DEDUCTION OF $45 (3 MONTHS AT $15 PER MONTH) WAS MADE ON THAT VOUCHER PURSUANT TO THE COURT-MARTIAL ORDER OF JUNE 15, 1943. IN ADDITION TO DEDUCTIONS OF $135, $33, $3.64 AND $4.80 FOR FAMILY ALLOWANCE, CLASS N ALLOTMENT, GOVERNMENT PROPERTY LOST OR DAMAGED, AND LAUNDRY, RESPECTIVELY, SUCH VOUCHER ALSO SHOWED DEDUCTIONS TO COVER FOUR PARTIAL PAYMENTS MADE TO YOU AT FORT FRANCIS E. WARREN IN AMOUNTS AS FOLLOWS: $19, $5, $5, AND $5.

A STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD MARCH 1 TO MAY 6, 1944, BASED ON THE INFORMATION SHOWN ON VOUCHER NO. 3369, JUNE 1944 ACCOUNTS OF FIRST LIEUTENANT J. F. ANTWILER, JR., CAMP CARSON, COLORADO, IS AS FOLLOWS:

CHART

CREDITS BASE PAY AS A PRIVATE, MARCH 1 TO MAY 6, 1944, AT $50 PER MONTH $ 110.00 COMMUTED RATIONS, MARCH 29 TO MAY 6, 1944, AT $0.67 PER DAY 26.13 $ 136.13

DEBITS CLASS N ALLOTMENT (NATIONAL SERVICE LIFE INSURANCE), MARCH THROUGH MAY 1944, AT $6.60 PER MONTH $ 19.80 FAMILY ALLOWANCE DEDUCTIONS (CLASS F) MARCH THROUGH MAY 1944, AT $27 PER MONTH 81.00 GOVERNMENT PROPERTY LOST OR DAMAGED 5.44 POST LAUNDRY

1.00 PARTIAL PAYMENT FOR APRIL 1944 ON VOUCHER NO. 29616, ACCOUNTS OF LIEUTENANT COLONEL E. J. BERRY, CAMP CARSON, COLORADO 15.00AMOUNT PAID BY CHECK NO. 67643 ON VOUCHER NO. 3369 19.69 $ 141.93

------------- ---------- AMOUNT OF OVERPAYMENT

$ 5.80

ALL THE ITEMS SHOWN IN THE CONSOLIDATED STATEMENT OF ACCOUNT CONTAINED IN THE SETTLEMENT OF SEPTEMBER 10, 1965, ARE BASED UPON INFORMATION FURNISHED US FROM THE OFFICIAL RECORDS OF THE DEPARTMENT OF THE ARMY. WE FIND NO BASIS FOR A CONCLUSION THAT ANY OF THE ITEMS IN THAT STATEMENT OF ACCOUNT ARE NOT CORRECTLY SHOWN OR THAT ANY ADDITIONAL AMOUNT IS DUE YOU IN CONNECTION WITH YOUR ARMY SERVICE.

ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF SEPTEMBER 10, 1965, IS SUSTAINED.

YOUR LETTER OF OCTOBER 31, 1965, IS BEING TRANSMITTED BY LETTER OF TODAY, B-15774, COPY HEREWITH, TO THE HONORABLE W. J. DRIVER, ADMINISTRATOR, VETERANS ADMINISTRATION, WASHINGTON, D.C., 20420, INASMUCH AS IT APPEARS THAT THE MATTER INVOLVED IS WITHIN THE EXCLUSIVE JURISDICTION OF THE VETERANS ADMINISTRATION. ANY FURTHER CORRESPONDENCE CONCERNING THE MATTER SHOULD BE ADDRESSED TO THE ADMINISTRATOR OF VETERANS AFFAIRS.