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B-185116 1 (1976-08-26)

handle is hein.gao/gaobaddgv0001 and id is 1 raw text is: 4 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0.C.20548 FILE: DATE: AUG 2 6 1976 )3-185116 MATTER OF: Mr. Leonard D. Ellison DIGEST: Forner enlisted neber who was issued a discharge under other than honorable con- ditions as a result of a determination tlat he fraudulently enlisted, w1hich discharge was changed to honorable by Armiy board for Correction of Military Records, is not entitled to pay accrued after determination of fraudulent enlistment was made, since no change in the record was made retarding the fraudulent nature of his enlistment. Also under regulation then in force he is not entitled to travel pay as a result of the -.oard action. This action is in response to a letter dated Septemiber 25, 1975, from Mr. Leonard D. Ellison, which, in effect, requests further consideration of a settlement dated August 13, 1975, by our Transportation and Claims Division (now Claims Division), whica disallowed his claim for arrears of pay and for mileage to his homle of record, incident to a correction of his military records in 1973. The file shows that Mr. Ellison enlisted in the Army on July 12, 1939, and was separated from the service on August 13, 1940, under the provisions of Army Regulation (AR) 615-360, for fraudulent enlistment, and was issued a discharge under other than honorable conditions. The file also shows that, upon Mr. Ellison's application, the Army board for the Correction of Military Records rccommended on February 21, 1973, that his records be corrected to show that he was discharged under honorable conditions, concluding therein that while the original discharge was issued in accordance with the Army regulations in effect in 1940, the change in the character of his discharge was warranted due to the dif- ferent trcatrent accorded cases similar to that of Mr. Lllison under section IV of AR 615-360 after January 1, 1944. The Claims Division of this Office disallowed Mr. Ellison's claim on the grounds that a discharge upon discovery of fraudulent enlistment constitutes an avoidance of the enlistment contract and

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