Claim for Military Benefits Following Correction of Dishonorable Discharge to Honorable Discharge
Highlights
A former United States Army lieutenant appealed a settlement which disallowed his claim for pay and allowances forfeited pursuant to a general court-martial order which also included a dishonorable discharge, even though the discharge was later corrected to an honorable discharge. Where the correction of a military record to show an honorable discharge did not otherwise affect the court-martial sentence under which the dishonorable discharge was issued, the correction created no entitlement to payment for accrued leave and pay and allowances forfeited pursuant to the court-martial order, and the statute of limitations bars payment of a claim filed more than 10 years after it accrued. The claim for mustering out pay may not be allowed since the records show that the member was paid the maximum amount of such pay.