B-127180, MAY 16, 1956

B-127180, MAY 16, 1956

TO MR. WALTER G. VESNESKY, 313 EAST LOCUST STREET:

YOUR LETTERS OF JANUARY 11, 1956, TO THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE ARMY, AND OF APRIL 12, 1956, TO THE PRESIDENT OF THE UNITED STATES, CONCERNING ITEMS OF PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY, HAVE BEEN REFERRED TO US FOR REPLY. SUCH LETTERS WILL BE CONSIDERED AS REQUESTING THE REVIEW OF OUR SETTLEMENT OF MARCH 21, 1951, OF YOUR CLAIM FOR PAY DURING THE PERIOD SEPTEMBER 26 TO DECEMBER 12, 1944, BELIEVED DUE AS IN A PRISONER-OF-WAR STATUS, AND FOR COMBAT INFANTRYMAN PAY DURING THE PERIOD AUGUST 13, 1944, TO OCTOBER 11, 1945.

IN A LETTER FROM THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, DATED MAY 6, 1949, YOU WERE ADVISED THAT EVIDENCE THAT YOU HAD SUBMITTED TO THAT OFFICE, TOGETHER WITH EVIDENCE CONTAINED IN THEIR RECORDS, WAS INSUFFICIENT TO SUBSTANTIATE YOUR CLAIM CONCERNING YOUR MISSING-IN-ACTION STATUS DURING THE PERIOD SEPTEMBER 26 TO DECEMBER 12, 1944, AND CONSEQUENTLY THAT THERE EXISTED NO PROPER BASIS FOR AMENDING THEIR RECORDS TO SHOW OTHER THAN THAT YOU WERE ABSENT DURING THAT PERIOD WITHOUT PROPER AUTHORITY. ALSO YOU WERE ADVISED OF YOUR RIGHT, IF YOU FELT THAT AN ERROR OR INJUSTICE HAD BEEN DONE, TO SUBMIT YOUR CASE TO THE ARMY BOARD ON CORRECTION OF MILITARY RECORDS, WHICH PRESUMABLY YOU HAVE NOT DONE. SINCE SUCH QUESTIONS INVOLVING MILITARY STATUS ARE OBVIOUSLY MATTERS FOR ADMINISTRATIVE DETERMINATION, WE MUST CONSIDER THAT YOUR STATUS DURING THE INDICATED PERIOD WAS THAT OF ABSENCE WITHOUT PROPER AUTHORITY AS SHOWN IN THE RECORDS OF THE DEPARTMENT OF THE ARMY, AND, THEREFORE, THAT YOU WERE NOT IN A PAY STATUS DURING THE PERIOD SEPTEMBER 26 TO DECEMBER 12, 1944. THE RECORDS SHOW, HOWEVER, THAT YOU WERE PAID PAY AND FOREIGN SERVICE PAY AS A PRIVATE FOR THE PERIOD SEPTEMBER 1 TO NOVEMBER 30, 1944, LESS DEDUCTIONS FOR CLASS N AND CLASS F ALLOTMENTS THEN IN EFFECT, ON VOUCHER NO. 4939, DECEMBER 1944 ACCOUNTS OF R. C. JACKSON, AND PAY, LESS DEDUCTIONS FOR ALLOTMENTS AND PREVIOUS PARTIAL PAYMENTS ADVANCED TO YOU, COVERING THE PERIOD DECEMBER 1, 1944, TO MAY 31, 1945, ON VOUCHER NO. 13868, JUNE 1945 ACCOUNTS OF J. P. WARRICK. THE CREDIT FOR PAY AND FOREIGN SERVICE PAY RECEIVED BY YOU IN THOSE PAYMENTS FOR THE SPECIFIC PERIOD SEPTEMBER 26 TO DECEMBER 12, 1944, TOTALED $150.

ON THE BASIS OF A REPORT OF THE DEPARTMENT OF THE ARMY THAT YOU WERE AWARDED THE COMBAT INFANTRYMAN BADGE WITH EFFECTIVE DATE FOR PAY PURPOSES AUGUST 13, 1944, YOU WERE ALLOWED COMBAT INFANTRYMAN PAY IN THE SETTLEMENT OF MARCH 21, 1951, AT THE RATE OF $10 PER MONTH FOR THE PERIOD FROM AUGUST 13, 1944, TO OCTOBER 11, 1945, DATE OF YOUR SEPARATION FROM THE SERVICE, LESS THE PERIOD SEPTEMBER 26 TO DECEMBER 12, 1944, WHEN NOT IN A PAY STATUS, TOTALING $114, UNDER THE PROVISIONS OF THE ACT OF JUNE 30, 1944, 58 STAT. 648. HOWEVER, SUCH SUM WAS RETAINED TO PARTIALLY LIQUIDATE YOUR INDEBTEDNESS TO THE GOVERNMENT RESULTING FROM ERRONEOUS PAYMENTS MADE TO YOU FOR THE PERIOD SEPTEMBER 26 TO DECEMBER 12, 1944, WHILE YOU WERE ABSENT FROM DUTY WITHOUT AUTHORITY, AND CONSEQUENTLY NO BALANCE WAS FOUND DUE YOU. IT APPEARS THAT THE ACTION THUS TAKEN IN THE SETTLEMENT OF MARCH 21, 1951, WAS CORRECT ON THE BASIS OF THE EXISTING RECORD. ACCORDINGLY, THAT SETTLEMENT IS SUSTAINED.