B-181544, NOV 25, 1974

B-181544, NOV 25, 1974

WHERE THE ADMINISTRATIVE OFFICE RECORDS INDICATE THAT SERVICEMAN HAS BEEN PAID PAY INCLUDING COMBAT INFANTRYMAN BADGE PAY AND FOREIGN SERVICE PAY IN WORLD WAR II, THE DISALLOWANCE OF HIS CLAIM BY GAO SETTLEMENT MUST BE SUSTAINED.

CLAIM OF MR. HARVY A. RICHARDS FOR BACK PAY:

THIS ACTION IS IN RESPONSE TO A LETTER DATED MARCH 10, 1974, FROM MR. HARVY A. RICHARDS, IN WHICH HE CLAIMS BACK PAY, INCLUDING FOREIGN SERVICE AND COMBAT INFANTRYMAN BADGE PAY FOR THE PERIOD JULY 1944 THROUGH NOVEMBER 1945. THE LETTER WAS FORWARDED HERE BY THE U.S. ARMY FINANCE SUPPORT AGENCY. MR. RICHARDS CONTENDS THAT DURING THE PERIOD HE WAS IN COMBAT ZONES OR IN ENEMY TERRITORY HE WAS NOT PAID.

A SIMILAR CLAIM COVERING SUBSTANTIALLY THE SAME PERIOD OF SERVICE FOR THE SAME ITEMS OF PAY WAS CONSIDERED BY THE CLAIMS DIVISION (NOW TRANSPORTATION AND CLAIMS DIVISION) OF THE GENERAL ACCOUNTING OFFICE AND WAS DISALLOWED BY SETTLEMENT CERTIFICATE, DATED APRIL 30, 1953, WHEREIN IT WAS STATED:

"THE RECORDS SHOW THAT AT TIME OF DISCHARGE YOU WERE PAID THE SUM OF $233.51, REPRESENTING PAY AND COMBAT INFANTRY PAY FOR THE PERIOD OCTOBER 1 TO NOVEMBER 27, 1945, AND FOREIGN SERVICE PAY FROM OCTOBER 1 TO NOVEMBER 16, 1945, LESS AUTHORIZED ALLOTMENT DEDUCTIONS (NET $133.51), AND FIRST INSTALLMENT OF MUSTERING-OUT PAYMENT ($100.00).

"THE RECORDS FURTHER INDICATE THAT YOU WERE REGULARLY PAID BY DISBURSING OFFICERS OF THE DEPARTMENT OF THE ARMY, INCLUDING COMBAT INFANTRY AND FOREIGN SERVICE PAY, FROM JULY 1944 THROUGH SEPTEMBER 1945.

"IN VIEW OF THE ABOVE, THERE IS NO AUTHORITY FOR ADDITIONAL PAYMENT AS CLAIMED."

IN VIEW OF THE RECENT LETTER THE ENTIRE RECORD HAS BEEN REVIEWED. THIS REVIEW SHOWS THAT AN EXTENSIVE SEARCH WAS MADE FOR EVIDENCE SUPPORTING THE ALLEGATION OF NONPAYMENT. THE RECORDS, HOWEVER, AS INDICATED IN THE ABOVE QUOTATION FROM THE SETTLEMENT CERTIFICATE, PROVIDE NO BASIS FOR PAYMENT OF THE CLAIM.

IN VIEW THEREOF, THE DISALLOWANCE OF THE CLAIM MUST BE SUSTAINED.