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B-192210 1 (1979-07-17)

handle is hein.gao/gaobadhko0001 and id is 1 raw text is: DECISION FILE: B-192210 MATTER OF: Alvin G. Vaverka, Jr. DIGEST: 1. A Navy enlisted man received a general discharge due to his fraudulent enlistment and was not entitled to receive accrued pay and allowances. ,4ecause the basis of with- holding pay and allowances is that the enlist- ment was fraudulent and not that the discharge was less than honorable, the upgrading of the discharge to honorable by the Navy Discharge Review Board without altering the fact that the enlistment was fraudulent does not entitle the member to receive the accrued pay and allowances 2. A military member's claim for pay and allowange accrues upon discharge and must be filed i4h ffice within the time speci- fied i a or be forever barred from ne consideration. ,Thus, a claim for pay and allowrnces which accrued upon a member's discharge in 1954 and which was not received in GAO until 1971 is barred. 3. A claim for Korean conflict era mustering-out pay must have been filed with the Secretary of the service concerned before July 17, 1959, to be paid. em= tre ts no evidence of such a filing aim for such pay may not be paid 38 U.S.C. § 2104 (1958). Mr. Alvin G. Vaverka, Jr., has requested reconsideration of our Claims Division's disallowance of his claim for arrears of pay and allowances which he believes due as the result of a change in the type of discharge he received from the Navy in 1969. Since, although the type of discharge was changed, the reason for it (fraudulent enlistment) was not changed, we must sustain the disallowance of the claim. Having completed three periods of enlistment in the Navy or the Navy Reserve between 1943 and 1968 with breaks of several years 'r~~~vcLI~~~/ _.- IisZ-rzu & Z'& L ~ C /~ I - ~ ~ , - - - L5 AP L/4 le~ of CL5 FP THE COMPTROLLER GENERAL S7' OF THE UNITED STATES WASHjNGTON. 0. C. 20548 DATE: July 1T, 1979 Cr\d C 0-%,Vy\

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