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B-169799, JUN. 16, 1970

B-169799 Jun 16, 1970
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BROWN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 16. THE RECORD SHOWS THAT DURING A SUBSTANTIAL PART OF THE PERIOD IN QUESTION YOU WERE "ABSENT WITHOUT LEAVE. " AND THAT YOU WERE COURT MARTIALED FOR BEING AWOL FOR THE PERIOD MARCH 1. ALTHOUGH THE COURT-MARTIAL ORDER WAS VACATED AND ALL YOUR RIGHTS. PRIVILEGES AND PROPERTY WERE RESTORED. THERE IS NO AUTHORITY FOR THE PAYMENT OF PAY AND ALLOWANCES FOR ANY PERIOD OF UNEXCUSED ABSENCE. 37 U.S.C. 503(A) PROVIDES AS FOLLOWS: "(A) A MEMBER OF THE ARMY. WHO IS ABSENT WITHOUT LEAVE OR OVER LEAVE. UNLESS IT IS EXCUSED AS UNAVOIDABLE.". THERE IS NO RECORD THAT YOUR COMMANDING OFFICER OR OTHER AUTHORITY EXCUSED YOU FOR ANY ABSENCE. SUCH ACTION WAS NECESSARY IN ORDER FOR YOU TO BE ENTITLED TO PAY AND ALLOWANCES FOR THE PERIODS YOU WERE ABSENT FROM YOUR POST OF DUTY WITHOUT LEAVE.

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B-169799, JUN. 16, 1970

TO MR. JOSEPH M. BROWN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 16, 1970, IN EFFECT REQUESTING REVIEW OF OUR CLAIMS DIVISION SETTLEMENT OF APRIL 8, 1970, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES FOR THE PERIOD OCTOBER 1, 1966, THROUGH JUNE 14, 1968, AND INFORMED YOU OF AN OVERPAYMENT OF $200.15.

THE RECORD SHOWS THAT DURING A SUBSTANTIAL PART OF THE PERIOD IN QUESTION YOU WERE "ABSENT WITHOUT LEAVE," AND THAT YOU WERE COURT MARTIALED FOR BEING AWOL FOR THE PERIOD MARCH 1, 1967, TO JUNE 14, 1968. ALTHOUGH THE COURT-MARTIAL ORDER WAS VACATED AND ALL YOUR RIGHTS, PRIVILEGES AND PROPERTY WERE RESTORED, THERE IS NO AUTHORITY FOR THE PAYMENT OF PAY AND ALLOWANCES FOR ANY PERIOD OF UNEXCUSED ABSENCE. 37 U.S.C. 503(A) PROVIDES AS FOLLOWS:

"(A) A MEMBER OF THE ARMY, NAVY, AIR FORCE, MARINE CORPS, COAST GUARD, OR ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, WHO IS ABSENT WITHOUT LEAVE OR OVER LEAVE, FORFEITS ALL PAY AND ALLOWANCES FOR THE PERIOD OF THAT ABSENCE, UNLESS IT IS EXCUSED AS UNAVOIDABLE." THERE IS NO RECORD THAT YOUR COMMANDING OFFICER OR OTHER AUTHORITY EXCUSED YOU FOR ANY ABSENCE, AND SUCH ACTION WAS NECESSARY IN ORDER FOR YOU TO BE ENTITLED TO PAY AND ALLOWANCES FOR THE PERIODS YOU WERE ABSENT FROM YOUR POST OF DUTY WITHOUT LEAVE.

THE ITEMS OF PAY AND ALLOWANCES AND THE AMOUNTS LISTED UNDER THE HEADING "CREDITS" IN THE STATEMENT OF MILITARY PAY ACCOUNT, YOU RECEIVED WITH THE CLAIMS DIVISION SETTLEMENT (COPY ENCLOSED), REPRESENT THE AMOUNTS TO WHICH YOU WERE ENTITLED. THE ITEMS UNDER THE HEADING "DEBITS" REPRESENT THE AMOUNTS WHICH WERE REQUIRED TO BE CHARGED AGAINST YOUR ACCOUNT. WHILE YOU APPEAR TO BE UNDER THE IMPRESSION THAT THE LISTED CREDIT ITEMS OF $358.45, $122.74, AND $57.97 ARE SHOWN IN THE ACCOUNT AS ACTUAL PAYMENTS OF PAY AND ALLOWANCES TO YOU FOR THE PERIODS TO WHICH THEY APPLY, THOSE SUMS WERE THE AMOUNTS WHICH ACCRUED TO YOU AND WERE CREDITED TO YOUR ACCOUNT FOR THOSE PERIODS. THE PAYMENTS ACTUALLY MADE TO YOU WERE LISTED IN THE ACCOUNT AS A DEBIT ITEM TOTALING $722.

WHEN YOU SUBMITTED YOUR CLAIM IN DECEMBER 1968 YOU STATED THAT "THE ONLY MONIES RECEIVED WERE TRAVEL PAY IN OCT66 AND A $30.00 PART PAY IN NOV 1966. MY FIRST PAY AFTER THIS PERIOD WAS 15JUN68 THRU 30SEP68 AND OCT68 PLUS MY TRAVEL PAY AT TIME OF SEPARATION." VOUCHER NO. 601914 PAID AT FORT POLK, LOUISIANA, IN OCTOBER 1966 INCLUDES AN ADVANCE TRAVEL PAYMENT AND A PARTIAL PAYMENT OF $50. VOUCHER NO. 603094 PAID AT FORT DIX, NEW JERSEY, SHOWS A PARTIAL PAYMENT TO YOU OF $30 ON NOVEMBER 28, 1966. VOUCHER NO. 1992 PAID AT FORT DIX IN OCTOBER 1968 COVERS A PAYMENT TO YOU OF $366. VOUCHER NO. 600853 PAID THE FOLLOWING MONTH SHOWS A PAYMENT TO YOU OF $276. THE FOREGOING PAYMENTS TOTAL $722. COPIES OF THE VOUCHERS MENTIONED ARE ENCLOSED.

THE ITEM OF $6.72 REPRESENTS TRAVEL ALLOWANCE FROM FORT GEORGE M. MEADE, MARYLAND, TO PHILADELPHIA, PENNSYLVANIA, WHICH YOU INDICATE WAS PAID TO YOU AT THE TIME OF YOUR DISCHARGE.

WE HAVE AGAIN EXAMINED YOUR PAY RECORDS AND FIND NO BASIS FOR A CONCLUSION THAT YOU WERE UNDERPAID AT THE TIME OF YOUR DISCHARGE.

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