[Claims for Additional Veterans Benefits as Result of Discharge Upgrade]

A former member of the Marine Corps requested reconsideration of a Claims Group denial of his claim for amounts allegedly due by reason of a correction of his military records. In addition to military pay and allowances, the claimant asked for restoration of all fines imposed by court-martial; retroactive veterans benefits; mustering-out pay; disability compensation; damages for his allegedly improper court-martial; and accrued interest payments on all amounts due. The Navy had reviewed the claimant's record and had determined that it should be corrected to show that he was issued a general discharge by reason of unfitness rather than the bad conduct discharge actually issued. However, the Navy did not allow him the military pay he might have received had he completed his term of enlistment. The Claims Group subsequently determined that the claimant had become entitled to a small lump-sum military leave settlement. The claimant was dissatisfied with the amount of the settlement and requested that the determination be reviewed. GAO found that: (1) the claimant did not furnish any information to prove that he was entitled to any additional payment for unused leave; (2) since the correction of the claimant's records made no reference to changing the results of his court-martial except to upgrade the character of his discharge, restoration of any fines imposed may not be allowed; (3) the claimant was not on active duty during the appropriate period and, therefore, is not eligible for mustering-out pay; (4) since there was no express statutory or contractual authorization that interest be assessed against the Government, the claimant may not be paid interest on the amount of leave settlement; and (5) questions regarding entitlements to other veterans benefits fall under the jurisdiction of the Veterans Administration. Accordingly, the settlement of the Claims Group was sustained.