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B-194481 1 (1980-02-15)

handle is hein.gao/gaobadhzy0001 and id is 1 raw text is: 176?f4 - ER THE COMPTROLLER GENERAL DECISIONDl OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE B-14481OAT February 15, 1980 MATTER OF: DlIGEST: Calvin L. Graham 1. Person enlisted in the Navy at age of 12 during World War II. Subsequently when the under-age enlistment was discovered he was sent home without payment of transportation, unpaid pay and allowances or mustering-out pay. In the case of an enlistment which is void because at the time the individual enlisted and at the time the defect is discovered the indi- vidual is under a disability which renders him without legal capacity to acquire military status, neither the Government nor the individual may waive the defect. 2. Normally an individual is not entitled to pay and allowances under a void enlistment except that by an analogy to a de facto officer he may retain payments received prior to the determina- tion that the enlistment is void. However, further payments of pay and allowances to the individual terminate. The issue presented here upon an appeal of a settle- ment of our Claims Division is whether an individual whose enlistment in the Navy was void because it was fraudulent in that the individual was underage, may be paid any pay and allowances after a certificate of honorable discharge is issued. The answer is no. Mr. Calvin L. Graham filed a claim with this Office for unpaid pay and allowances relative to his service in the United States Navy from August 16, 1942, to April 5, 1943. He enlisted in the United States Naval Reserve Ccoo/ on August 16, 1942, at the Naval Recruiting Station, I* DIGEST:

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