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B-140972 1 (1980-01-25)

handle is hein.gao/gaobaduig0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20548 114 R0TILY E TO:B-140972 January 25, 1980 Gretna, Louisiana 70053 Dear Mrs. This letter is in response to yours dated December 7, 1979, in which you request reconsideration of Comptroller General's decision B-140972, October 24, 1979, denying yourLclaim for additional amounts believed due on account of action taken by the Department of the Army- n 1976 to upgrade the character of your late husband's military discharge certificate. In your letter you express the belief that the change in the discharge characterization from under other than honorable conditions to under honorable conditions (General) establishes that an injustice was done when your husband was separated from the Army in February 1951, and that you should therefore be reim- bursed for what that first discharge did to him both physically and mentally. You also suggest that your husband was denied payment for accrued leave and mustering-out pay in February 1951 on account of his discharge under other than honorable conditions, and that payment should now be made based on the upgraded character of the discharge even though his military pay and leave records are no longer in existence. Payment based on the 1976 change in the character of your husband's discharge certificate is limited under existing law to the additional military pay and allow- ances he would have received in February 1951 had he been separated from the Army with a general discharge at that time. Therefore, compensation may not be paid in any amount for the military pay, allowances, medical care, and other benefits he might have received after Febru- ary 1951 if he had remained on active duty with the Army. Determinations by our Office are made on the basis of the written record. You have previously received

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