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B-194481 1 (1980-10-09)

handle is hein.gao/gaobabjwt0001 and id is 1 raw text is: 



                   COMPTROLLER GENERAL OF THE UNITED STATES  1 c/
                            WASHINGTON D.C_ 20548



 B-194481


 The Honorable Jim Wright

 House of Representatives

 Dear Mr. Wright:

      This is in further response to your inquiry of Seotember 8,
 1980, concerning two matters raised in Mr. Calvin L. Graham 's
ptemer 3, 19S0 letter to  ou regarding our action on his

Claim for pay and alowanceslfor Navy service during World Nar II.
      First, apparently Mr. -raham is concerned that our decision
 on his claim may have affected the honorable discharge given
 him by the Secretary of the Navy. In our decision 3-194481,
 February 15, 1930, we stated with regard to Mr. Graham's honorable
 discharge:
           1* * * The action of the Secretary of the Navy
      in giving him an honorable discharge did not change
      the legal effect of Mr. Graham's void enlistment
      and the failure of the BCNR [Board for Correction
      of Naval Records] to take action on Mr. Graham's
      petition for correction of his naval record pre-
      cludes further authority of this Office to consider
      his claim for unpaid pay and allowances. * .* *

      That language did not in any way take away from Mr. Graham
 the honorable discharge given to him by the Secretary of the Navy
 on May 5, 1978. Further, as you know, on March 31, 1980, upon
 reconsideration, we determined that Mr. Graham should be paid the
 unpaid pay and allowances that would have been paid to him at the
 time of his release from the Navy but for the void enlistment.
 Based on the only available records, we determined that he was
 entitled to a total of $337 consisting of $26.25 for unpaid basic
 pay, $300 for mustering-out pay, and $10.75 for transportation
 expenses.

      After deduction for FICA (Federal Insurance Contribution Act)
 and Federal income tax,payment in the net amount of $263 was made
 to Mr. Graham by check as authorized.by Military Pay and Allowance
 Claims Voucher (DO Form 1096) dated April 8, 1080 (copy enclosed),
 prepared by the Navy Finance Center, Cleveland, Ohio, and certi-
 fied payable by our Office. Mr. Graham questions whether the
 withholding for income tax from the mustering-out pay was correct.

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