B-147078, DEC. 7, 1961

B-147078, DEC. 7, 1961

TO MR. VINCENT CALENDA, JR.:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 2, 1961, IN REPLY TO LETTER DATED OCTOBER 30, 1961, FROM OUR DEBT SECTION, CLAIMS DIVISION, REQUESTING THAT YOU REMIT $176.18 REPRESENTING YOUR INDEBTEDNESS ON ACCOUNT OF EXCESS LEAVE AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY JANUARY 25, 1957, AS A FIRST LIEUTENANT, INFANTRY.

YOU QUESTION THE INCREASE OF YOUR INDEBTEDNESS AND YOU STATE THAT YOUR ORIGINAL INDEBTEDNESS OF $139.67 WAS INCREASED BY OUR OFFICE BECAUSE OF A DETERMINATION WE MADE THAT YOU DID NOT REPORT TO COMPANY F, 74TH RCT, FORT DEVENS, MASSACHUSETTS, UNTIL JUNE 1, 1956, AND YOU MUST HAVE BEEN ON LEAVE FROM MAY 21 TO 31, 1956. YOU REQUEST THAT WE CHECK THE MORNING REPORT RECORDS TO VERIFY YOUR CONTENTION THAT YOU HAD REPORTED TO THE 74TH RCT, REGIMENTAL HEADQUARTERS, ABOUT TEN DAYS PRIOR TO YOUR ASSIGNMENT TO COMPANY F. YOU THEN SAY THAT YOU WOULD BE WILLING TO REFUND THE AMOUNT OF YOUR ORIGINAL INDEBTEDNESS OF $139.67 LESS $54.04, OR $85.63.

YOUR INDEBTEDNESS WAS THE SUBJECT OF OUR DECISION TO YOU B-147078 DATED SEPTEMBER 22, 1961, IN WHICH WE STATED THAT WE HAD RECEIVED A REPORT FROM THE ADJUTANT GENERAL OF THE ARMY TO THE EFFECT THAT HIS OFFICE HAD REVIEWED THE MORNING REPORTS OF THE UNITS TO WHICH YOU WERE ASSIGNED DURING THE PERIOD CONCERNED AND THE REPORTS INDICATED THAT YOU JOINED YOUR NEW STATION, COMPANY F, 74TH RCT, FORT DEVENS, MASSACHUSETTS, 1 JUNE 1956, AND IT WAS AS A RESULT OF THAT REVIEW, THAT IT WAS DETERMINED (BY THE ADJUTANT GENERAL) THAT YOU WERE IN A LEAVE STATUS FROM MAY 21 THROUGH 31, 1956. HENCE, CONTRARY TO YOUR APPARENT BELIEF, IT WAS NOT OUR OFFICE THAT MADE THE DETERMINATION AS TO THE DATE YOU JOINED YOUR NEW STATION, BUT RATHER THE DETERMINATION WAS MADE BY THE ADJUTANT GENERAL. WE EMPHASIZED THAT UNDER THE PROVISIONS OF SECTION 4 (E) OF THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, 37 U.S.C. 33 (E), ALL DECISIONS BY THE SECRETARY OF THE ARMY REGARDING THE NUMBER OF DAYS OF LEAVE TO WHICH A MEMBER OR FORMER MEMBER IS ENTITLED, INCLUDING THE NUMBER OF DAYS OF ABSENCE FROM DUTY OR VACATION TO BE CHARGED AGAINST SUCH LEAVE, ARE FINAL AND NOT SUBJECT TO REVIEW BY ANY COURT OR BY ANY OFFICER OF THE UNITED STATES AND, THEREFORE, THAT WE HAD NECESSARILY ACCEPTED THE DETERMINATION MADE BY THE ADJUTANT GENERAL OF THE ARMY THAT YOU WERE IN A LEAVE STATUS FROM MAY 21 THROUGH 31, 1956. IT WAS SUGGESTED THAT IF YOU FELT THE DETERMINATION WAS ERRONEOUS YOU SHOULD CONTACT THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C., FILE REFERENCE AGPA-A 201. IN OUR DECISION WE ALLOWED YOU $54.04 AND REDUCED YOUR INDEBTEDNESS BY THAT AMOUNT REPRESENTING PAY AND ALLOWANCES FOR SIX DAYS TRAVEL TIME FROM OAKLAND, CALIFORNIA, TO FORT DEVENS, MASSACHUSETTS. THAT SECTION, HOWEVER, SIMPLY OPERATED TO REDUCE THE TOTAL LEAVE CHARGE AGAINST YOUR ACCOUNT FOR THE DAYS OF ACTUAL TRAVEL AND DID NOT AFFECT THE LEAVE DETERMINATION AS TO THE PERIOD FROM MAY 21 TO 31, 1956.

WE AGAIN SUGGEST THAT YOU ADDRESS ANY FURTHER INQUIRIES REGARDING YOUR DUTY AND LEAVE STATUS DURING THE PERIOD IN QUESTION TO THE ADJUTANT GENERAL OF THE ARMY AS REFERRED TO ABOVE. UNDER THE CIRCUMSTANCES, WE MUST REQUEST THAT YOU LIQUIDATE YOUR INDEBTEDNESS OF $176.18 IN FULL, IN ACCORDANCE WITH THE INSTRUCTIONS IN THE LETTER OF OCTOBER 30, 1961, FROM OUR DEBT SECTION, CLAIMS DIVISION.