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B-203752 1 (1982-03-02)

handle is hein.gao/gaobadkcp0001 and id is 1 raw text is: / DECILVCON IM I UOLLER OE OF THLM, UNITED13 S TA RAL TAT eC WA8HINGTON, o ,C, UO9540 FILi; B-203752 MATTER OF: DATEt Lilborn C, March 2, 1982 Chisam DIGEST; 1. To be entitled to milit.ary pay and allow- ances for the period following a discharge to the end of the enlistment in which the former member was serving, his service records must reflect not only the upgrading of the discharge, but also a voiding of the original discharge and a determination that he remained on active duty, 2, The upgrading of a former member's discharge from other than honorablO to honorable, gives the former member the military bene- fits he would have received at the time of his original discharge had that discharge been granted under honorable conditions provided there is sufficient documentation to substantiate his entitlement, Mr# Lilborn C. Chisam, requests reconsideration of our Claims Group's settlement denying his claim for un- paid pay and allowances he believes are due him incident to an upgrading of his discharge to honorable from other than honorable. Our Claims Group denied this claim because there was no determination that Mr. Chisam remained on active duty following is discharge and tbere was insufficient documentation to establish the validity of Mr. Chisam's claims arising prior to his discharge, since his pay records had been destroyed pursuant. to law. Subsequently, Mr. Chisami's service records were corrected under 10 U.s.C9 1552 (1976) to delete the designator showing the reason for his discharge. We affirm our Claims Group's disposition of this claim. The deletion of the designation showing the reason for Mr. Chisam's discharge does lnot alter any material facts in the claim as presented to our Claims Group. Furthermore, there is no entitlement to additional pay and allowances following his discharge since his records were not corrected to show that he remained on active duty following his discharge. Likewise, where records have been destroyed pursuant to law and the claimant lacks sufficient documentation to prove his claim, it must be denied, 4, / A-irs-,'.

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