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B-192713 1 (1978-09-20)

handle is hein.gao/gaobadgja0001 and id is 1 raw text is: 



I


B -192713


DATE:


September 20, 1978


MATTER C

DIGEST;


OF:


V\rI, Ronald P. Hopkins


When  records which would document and
verify the validity of a claim are destroyed
pursuant to the law relating to the disposal
of old records (ch, 33, title 44, U, S, C,
and ch, 101, part 101-11, title 41, C. , i, ),
the accounting officers of the Government
may  not give favorable consideratlzn to such
claim,


    This action is in response to a letter dated May 12, 1978,
addressed to the United States Army Finance and Accounting Center
orom Mr.  Ronald P, Hopkins, concerning his entitlement to payment
for, accrued leave believed due as a result of a recent upgrading of
the discharge lie received on suparation from the United States Army
in 1963.

    The matter of Mr, Hopkins' claim was the subject of settlement
by our Claims Division dated March 22, 1978, which allowed him
additional sums for the travel he performed from his place of
separation to his home, but disallowed payment for accrued leave
for the i'eason that his pay and leave records had been destroyed
pursuant to law.
         I ,
    The file in Mr. Hlopkins' case shows that he was separated from
the Army  effective December 0, 1063, %,and the discharge he received
characterized his service as being unLbr other than honorable condi-
tions, In 1977, apparently at Mr. ,UopkinsI request, the Army Dis-
charge Review  Doard considered the matter of his type of discharge
and recommendedhnt it   be upgraded.  On review by the Secretary
of the Army, it was .,onclude, that his discharge vns to be adminis-
tratively changed to be unde honorable conditions.

   As  a result of that change, certain monetary benefits which were
previously unavailable to Mr.;1 Hopkins necrued. They were, addi-
tional travel allowances and chtitlement to be paid for accrued but
unused leave.  Upon presentation of a claim by him to the Finance
Center for such benefits, the matter was referred to our Claims
Divtsion for disposition with the notation that all pay and leave
records for service members  separated from the Army  prior to 1964
were destroyed.


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