B-162693, DEC. 8, 1967
Highlights
ARMED SERVIES - MUSTERING-OUT PAY - WORLD WAR II SERVICE DECISION TO FORMER ARMY MEMBER DISALLOWING CLAIM FOR MUSTERING-OUT PAY TO MEMBER WHO WAS SEPARATED FROM THE MILITARY SERVICE PRIOR TO THE EFFECTIVE DATE OF THE ACT (DEC. 7. JR.: WE HAVE YOUR LETTER DATED NOVEMBER 19. EACH MEMBER OF THE ARMED FORCES WHO SHALL HAVE BEEN ENGAGED IN ACTIVE SERVICE IN THE PRESENT WAR. WHO IS DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS ON OR AFTER DECEMBER 7. YOU WERE DISCHARGED FROM THE UNITED STATES ARMY ON AUGUST 17. YOUR SEPARATION FROM THE SERVICE WAS COMPLETE PRIOR TO THE EFFECTIVE DATE OF THE ACT AUTHORIZING MUSTERING OUT PAYMENTS AND THE RECENT CORRECTION OF YOUR RECORD TO SHOW THAT YOU WERE DISCHARGED UNDER HONORABLE CONDITIONS MADE NO CHANGE IN THE TIME OF YOUR SEPARATION.
B-162693, DEC. 8, 1967
ARMED SERVIES - MUSTERING-OUT PAY - WORLD WAR II SERVICE DECISION TO FORMER ARMY MEMBER DISALLOWING CLAIM FOR MUSTERING-OUT PAY TO MEMBER WHO WAS SEPARATED FROM THE MILITARY SERVICE PRIOR TO THE EFFECTIVE DATE OF THE ACT (DEC. 7, 1941) AND THAT A RECENT RECORD CORRECTION TO SHOW DISCHARGE UNDER HONORABLE CONDITIONS DID NOT CHANGE TIME OF SEPARATION.
TO MR. THOMAS E. WATKINS, JR.:
WE HAVE YOUR LETTER DATED NOVEMBER 19, 1967, CONCERNING YOUR CLAIM FOR MUSTERING-OUT PAY.
SECTION 1 OF THE MUSTERING-OUT PAYMENT ACT OF 1944, CH. 9, 58 STAT. 8, PROVIDED IN PERTINENT PART:
"THAT (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH MEMBER OF THE ARMED FORCES WHO SHALL HAVE BEEN ENGAGED IN ACTIVE SERVICE IN THE PRESENT WAR, AND WHO IS DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS ON OR AFTER DECEMBER 7, 1941, SHALL BE ELIGIBLE TO RECEIVE MUSTERING-OUT PAYMENT.'
YOU WERE DISCHARGED FROM THE UNITED STATES ARMY ON AUGUST 17, 1940, PRIOR TO DECEMBER 7, 1941. YOUR SEPARATION FROM THE SERVICE WAS COMPLETE PRIOR TO THE EFFECTIVE DATE OF THE ACT AUTHORIZING MUSTERING OUT PAYMENTS AND THE RECENT CORRECTION OF YOUR RECORD TO SHOW THAT YOU WERE DISCHARGED UNDER HONORABLE CONDITIONS MADE NO CHANGE IN THE TIME OF YOUR SEPARATION. ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM.