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B-198168 1 (1980-04-16)

handle is hein.gao/gaobadien0001 and id is 1 raw text is: a DECISION 0t.LER (,>t THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-198168 DATE:April 16, 1980 MATTER OF: Jesse S. McGee, Jr. DIGEST: 1. The correction of a military record to show a general discharge which does not otherwise change a court-martial sentence under which a dishonorable discharge was issued creates no entitlement in the member to receive pay and allowances forfeited pursuant to the court- martial. 2. Discharge of service member terminates his entitlement to military pay and allowances and subsequent change in nature of discharge from dishonorable to general does not affect member's status in regard to his separation and does not create entitlement to pay and allowances after period of discharge. 3. General Accounting Office lacks jurisdiction to consider allegations that court-martial was substantively and procedurally defective under the law, or to consider claims for educational benefits which are under the jurisdiction of the Veterans' Administration. Mr Jesse S. McGee, r., appeals the Claims Division's denial of his laim for backpay fncident to his military service. Since there is no basis upon w ich payment of the claim can be authorized, we affirm the action of the Claims Division. In February of 1943, the claimant, then a member of the Marine Corps, was court-martialed and sentenced to confinement for 3 years, forfeiture of pay and allowances, and a dishonorable discharge. The Acting Secretary of the Navy directed that the sentence be held in abeyance and the member to be returned to duty in a probationary status. Mr. McGee violated his probation and was placed in confinement from October 14, 1943, to Decem- ber 6, 1945, when he received a dishonorable discharge. Nearly 30 years later at the claimant's request, the Board for Correction of Naval Records reviewed his case pursuant to 1 -~ 134,rv

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