B-163413, FEB. 26, 1968

B-163413, FEB. 26, 1968

ARMED SERVICES - MUSTERING-OUT PAY DECISION TO FORMER MILITARY MEMBER DENYING CLAIM FOR TERMINAL LEAVE AND MUSTERING-OUT PAY DUE TO DISCHARGE IN 1945. A REVIEW OF PAY RECORDS SHOWS THAT CLAIMANT RECEIVED ALL MUSTERING OUT PAY AND TERMINAL LEAVE PAY TO WHICH ENTITLED. SINCE CLAIM FOR TRAVEL TIME WAS NOT RECEIVED WITHIN 10 YEARS SUCH CLAIM IS NOT COGNIZABLE BY GAO.

TO MR. WILLIAM CONNER:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 16, 1968, IN EFFECT, REQUESTING REVIEW OF THE ACTION TAKEN ON YOUR CLAIM FOR TERMINAL LEAVE PAY AND MUSTERING-OUT PAY BELIEVED BY YOU TO BE DUE INCIDENT TO YOUR DISCHARGE FROM MILITARY SERVICE IN THE UNITED STATES MARINE CORPS ON DECEMBER 1, 1945.

BY LETTER DATED JANUARY 12, 1968, OUR CLAIMS DIVISION INFORMED YOU OF INFORMATION OBTAINED FROM MARINE CORPS RECORDS WHICH INDICATED THAT THE MUSTERING-OUT PAY IN THE AMOUNT OF $300 TO WHICH YOU WERE ENTITLED HAD BEEN PAID TO YOU IN THREE INSTALLMENTS OF $100 EACH BY THE THREE CHECKS THERE IDENTIFIED. YOU ALSO WERE FURNISHED A PHOTOCOPY OF ARMED FORCES LEAVE BOND NO. 5425818, DATED JANUARY 1946 ISSUED IN YOUR NAME IN THE AMOUNT OF $225, WHICH WAS PAID BY AN OKLAHOMA BANK IN THE AMOUNT OF $235.29 IN OCTOBER 1957, REPRESENTING THE PRINCIPAL AND ACCUMULATED INTEREST OF $10.29. AN ADDITIONAL CHECK WAS ISSUED IN THE AMOUNT OF $10.69, COVERING THE BALANCE OF YOUR LEAVE PAY.

YOU NOW INDICATE THAT ALTHOUGH YOU RECEIVED THE ABOVE MENTIONED BOND, IT IS YOUR BELIEF THAT SUCH BOND COVERED A REFUND OF 36 MONTHS' SERVICE INSURANCE PREMIUMS AT $6.40 PER MONTH. YOU STATE THAT YOUR TERMINAL LEAVE PAY AMOUNTED TO $172, WHICH YOU FEEL ESTABLISHES THAT THE BOND COULD NOT HAVE BEEN ISSUED IN PAYMENT OF YOUR ACCUMULATED LEAVE.

A REVIEW OF YOUR RECORD SHOWS THAT YOU WERE CREDITED WITH HAVING ACCUMULATED 91 DAYS OF LEAVE AT THE TIME OF YOUR DISCHARGE, BY VIRTUE OF THE PROVISIONS OF THE ARMED FORCES LEAVE ACT OF 1946, CH. 931, 60 STAT. 963, 37 U.S.C. 32-37 (1946 ED.). SECTIONS 4 (A) AND 6 (A) (2) OF THAT ACT PROVIDED IN SUBSTANCE THAT ENLISTED MEN OF THE ARMED FORCES DISCHARGED PRIOR TO SEPTEMBER 1, 1946, WERE TO BE COMPENSATED FOR ACCUMULATED LEAVE ON THE BASIS OF THE NUMBER OF DAYS CREDITED MULTIPLIED BY THE DAILY RATE OF BASE AND LONGEVITY PAY APPLICABLE TO SUCH MEMBER, PLUS A SUBSISTENCE ALLOWANCE FOR EACH DAY OF THAT ACCUMULATED LEAVE IN THE AMOUNT OF 70 CENTS. PAYMENT FOR THIS AMOUNT WAS TO BE IN THE FORM OF BONDS OF THE UNITED STATES TO THE HIGHEST MULTIPLE OF $25 AND IN CASH TO THE EXTENT OF THE FULL AMOUNT OF ANY DIFFERENCE.

THE RECORD SHOWS THAT AT THE TIME OF DISCHARGE, YOU WERE IN RECEIPT OF THE BASE AND LONGEVITY PAY OF A PRIVATE FIRST CLASS WITH OVER THREE YEARS OF SERVICE. THE DAILY RATE OF PAY FOR YOUR GRADE AND LENGTH OF SERVICE WAS $1.89 ($56.70 PER MONTH). THE FOLLOWING IS A SUMMARY OF THE AMOUNTS OWED AND PAID YOU UNDER THE 1946 ACT:

CREDITS

91 DAYS LEAVE $1.89 $171.99

91 DAYS SUBSISTENCE ?70 63.70

TOTAL $235.69

AMOUNTS PAID

ARMED FORCES LEAVE BOND NO. 5425818 $225.00

CHECK NO. 114370 DATED 12/3/46 10.69

$235.69 AS STATED ABOVE, THE ADDITIONAL $10.29 WHICH YOU RECEIVED WHEN YOU CASHED THE BOND IN OCTOBER 1947 WAS THE INTEREST ON THE FACE AMOUNT COMPUTED AT THE RATE OF 2-1/2 PERCENT PER ANNUM.

THUS IT CAN BE SEEN THAT THE AMOUNTS PAID TO YOU THROUGH THE ARMED FORCES LEAVE BOND WERE IN PAYMENT FOR YOUR ACCRUED LEAVE AND SUBSISTENCE AS AUTHORIZED BY THE 1946 LEAVE ACT AND WERE NOT A REBATE OF INSURANCE PREMIUMS AS YOU CONTEND. YOUR ATTENTION IS INVITED TO THE FACT THAT THE BOND STATES ON ITS FACE THAT IT IS A "LEAVE BOND.' WE KNOW OF NO STATUTOTY AUTHORITY BY WHICH A REFUND OF INSURANCE PREMIUMS COULD BE ACCOMPLISHED THROUGH THE USE OF SUCH A BOND.

SINCE THE RECORD SHOWS FULL PAYMENT OF ALL MONIES DUE YOU FOR MUSTERING OUT PAY AND TERMINAL LEAVE PAY, THERE IS NO FURTHER ACTION WHICH THIS OFFICE MAY TAKE IN YOUR CASE.

WITH REFERENCE TO YOUR CLAIM FOR "TRAVEL TIME," WE HAVE NO INFORMATION AS TO THE TRAVEL ALLOWANCE PAID TO YOU AT THE TIME OF YOUR DISCHARGE IN CONNECTION WITH TRAVEL TO YOUR HOME. SINCE THE OTHER AMOUNTS DUE YOU AT THAT TIME WERE PROPERLY PAID, THERE IS NO REASON TO BELIEVE THAT THE PROPER AMOUNT DUE AS TRAVEL ALLOWANCE WAS NOT PAID WHEN YOU WERE DISCHARGED. HOWEVER, EVEN IF THE TRAVEL ALLOWANCE WAS NOT PAID TO YOU, A CLAIM FOR THE AMOUNT INVOLVED COULD NOT BE CONSIDERED AT THIS TIME, SINCE THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, 31 U.S.C. 71A, PROVIDES THAT, WITH CERTAIN EXCEPTIONS NOT MATERIAL HERE, EVERY CLAIM COGNIZABLE BY OUR OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE (GENERAL ACCOUNTING OFFICE) WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' YOU APPEAR TO HAVE MADE NO INQUIRY CONCERNING THIS MATTER UNTIL 1966, MORE THAN 20 YEARS AFTER YOUR DISCHARGE.

ACCORDINGLY, A CLAIM FOR AN ALLOWANCE FOR TRAVEL INCIDENT TO YOUR DISCHARGE MAY NOT BE CONSIDERED AT THIS TIME.