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B-201944 1 (1981-03-26)

handle is hein.gao/gaobadjgf0001 and id is 1 raw text is: 4 DECISION . 0, FILE: B-201944 MATTER OF: Earl J. Miller DIGEST: /5/71 LE COMPTROLLER GENERAL THE UNIT 0 STATES NS H IN GTO N. C . 20548 DATE: March 26, 1981 Discharge of an enlisted Navy member in 1907 terminated his entitlement to mili- tary pay and allowaices1J Therefore, the upgrading of his dischage from less than honorable to under honorable lcondi- tions without any change in the fact that he was discharged in 1947 gives him no entitlement to pay and allowances for any period after the original discharge. To be entitled to backpay upon upgrading of a discharge, the service member's records must reflect not only an upgrading of the discharge but also a voiding of the original discharge and determination that he remained on active duty. Mr. Earl J. Miller appeals our Claims Group's denial of his claim for backpay and certain other monetary benefits he seeks incident to the upgrading of his discharge from the Navy. As will be explained, we affirm the denial by the Claims Group. On May 16, 1967, Mr. Miller, then an enlisted member of the Navy, was discharged under less than honorable condi- tions. In 1977 he applied for and received an upgrading of his discharge under the Department of Defense Discharge Review Program (special). His records were corrected to reflect a discharge under honorable conditions. However, no change was made.in the fact that he was discharged on May 16, 1967. Because of the upgrading of his discharge, Mr. Miller seeks backpay, including all pay and allowances he would have received had he remained in the Navy, and other compensation for the embarrassment and lack of vocational opportunity he allegedly sustained in civilian life. He seeks this recovery from the date of his initial discharge in 1967 until the present. Concerning the claim for backpay, the upgrading of Mr. Miller's discharge does not constitute a basis for authorizing payment. An enlisted member's discharge termi- nates any contractual relationship with the Government

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