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![handle is hein.gao/gaobadizo0001 and id is 1 raw text is:
DOCUMEWT RSTm F
03179 - rA223?13621
t2]him for Militarv Benefits Tollowing Correction of
Dishonorable Discharge to Honorable DischargeJ. 9-178320. August
9, 1077. 4 pp.
Decision re: 2d Lt. Albert C. Homcy; by Pobert F. Keller, Deputy
Comptroller General.
Issue Arda: Persornvl Management and Comppnsation: Compensation
(?05).
Contact: Office of the General Counsel: Military Personnel.
Budget Function: General Govrnment: :entral Personnel
Manager.ent (805).
OrganizatLon concerned: .lapartment of the Army.
Authority: 38 U.S.C. 2501. 31 U.S.C. 71a. 34 Comp. Q'en. 25. 52
Comp. Gen. 909. Homcy v. Rasor, 455 F.2d 1345 (D.C. Cir.
1971). HOmcy v. United r-tates, Ct. Ci. Nn. 187-74 (1976;.
A former United States Army lieutenant appealed a
settlement which disallowed his claim for pay and allowances I
forfeited pursuant to a general court-martia4 order which also I
included a dishonorable discharge, Lven though the discharge was j
later corrected to an honorable discharge. Where the correction
of a military record to show an honorable discharge diA not
otherwise affect the court-martial sentence under which the
dishonorable discharge was issued, the correction created no 2
entitlement tr payment for accrued leave and pay and allowances
forfeited pursuant to the court-martial order, &nd the statute
or limitations bars payment of a craim filed more thai 10 years
after it accrued. The claim for miitering out pay may not be
allowed since the records show that the metber was paid the S
maximum amount of such pay. (Author/SC)
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