| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Christopher J. Prosser | Member |
APPLICANT REQUESTS: That he be paid the Hazard Pay to which he is entitled.
APPLICANT STATES: That, prior to completion of training as a demolitions specialist, they were informed that due to some irregularities found in some engineer outfits Hazard Pay was being suspended. They were assured this was only temporary. When he was discharged, he was told there was still a hold on Hazard Pay ($50.00 per month). He was instructed to apply to the Finance Center and after a few months he would receive his accumulated Hazard Pay with interest. When he did apply, he was told there had been a fire and records were destroyed.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.
After having had prior service, the applicant enlisted in the Regular Army on 5 November 1951. Around February 1953, he completed the five-week Demolition, Mines, and Booby Traps course. He performed duties as a demolition specialist for 9 months. He separated on 12 October 1953.
In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS). DFAS recommended denial of the applicant’s request as his pay records are no longer available to verify the payment of Hazard Pay.
A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He stated that the fact that qualification for the recommendation of denial was unavailability of his pay records was particularly grievous. Had he been provided a copy of those records, he could have protected them and kept them available. Now through no fault of his own he is being denied what is rightfully his and has been rightfully his for almost 50 years.
Title 31 U. S. Code, section 3702, also known as the barring statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U. S. Code, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. It appears the applicant was told, when he was discharged in 1953, to apply to the Finance Center for payment of his due Hazard Pay. It appears the applicant waited more than 40 years to do so, during which time a fire destroyed millions of records at the National Personnel Records Center and finance lost or otherwise discarded records no longer needed because the statute of limitations for the filing of claims had expired.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. After more than 40 years, it cannot be determined from the available records that the applicant’s records are in error and he has failed to submit evidence that would satisfy this requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__fne___ __wtm___ __cjp___ DENY APPLICATION
| CASE ID | AR2001065364 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020502 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001059602C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. Sergeant C___ was severely...
ARMY | BCMR | CY2012 | 20120021746
The records indicated he was promoted to SGT effective 1 May 1953 per Department of the Army General Orders (DAGO) Number 39 and he was paid at that grade from 1 May 1953 through his discharge date on 20 October 1953. None of the applicant's military records is available for review with this case. In November 1955, by letter, the Settlements Division, Finance Center, U.S. Army, notified him that in regard to his claim for payment of the difference in pay between the grade of CPL and SGT, a...
ARMY | BCMR | CY2002 | 2002075906C070403
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. In that letter it was requested that the applicant’s unit’s records be searched for a military pay order (hazardous duty orders). The applicant also submits a letter from his elected representative informing the applicant that his hazardous duty status could not be established because of an absence of hazardous duty orders.
ARMY | BCMR | CY2005 | 20050009197C070206
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The DOHA denied waiver of the applicant's overpayment resulting from DFAS not properly deducting his federal taxes while paying the same to the IRS. ), provides authority for waiving claims for erroneous payments of pay and certain allowances made to or on behalf of service members or former service members of the Uniformed Services, if collection of the...
ARMY | BCMR | CY2001 | 2001061427C070421
DoD noted that there presently exists in current law substantial authority to counteract the effects of the statute of limitations in the context of military records corrections. It would be appropriate to show that the applicant’s mother, the FSM’s spouse, submitted the DD Form 1884 on 1 April 1983, thereby entitling her to the SBP annuity. That the applicant’s mother, the FSM’s spouse, be paid an annuity based upon the above corrections retroactive to 23 March 1983, the date of the FSM’s death.
ARMY | BCMR | CY2003 | 2003086501C070212
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2004 | 20040004429C070208
The former service member’s military records are not available to the Board for review. That same payment work sheet indicates that the applicant had only one allotment being deducted from his pay at the time of discharge. The evidence, which is available to the Board, indicates that the former service member discontinued his Class F allotment in December 1943 and that the amount of the allotment apparently continued to be deducted from his account through November 1944.
ARMY | BCMR | CY2010 | 20100030195
The applicant further states that when he left West Germany, he signed papers reporting his poor pay and was told to get on the jet and that his pay would be straightened out at Fort Dix, New Jersey. __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100030195 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2012 | 20120012726
Application for correction of military records (with supporting documents provided, if any). A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. There is no available evidence, almost 70 years later, showing the applicant was authorized or promised any hazardous duty pay or bonus or, if so, if it was paid.
ARMY | BCMR | CY2004 | 20040010403C070208
Each person eligible to receive MOP would receive the stipulated amount at the time of discharge or relief from active service or, at the option of the person so eligible, at the time of discharge or release for the purpose of enlistment, reenlistment, or appointment in a regular component of the Armed Forces. The FSM was paid MOP when he was discharged from active duty on 10 September 1948. Regrettably, there is insufficient evidence on which to show the FSM was or was not paid MOP a...