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B-207041 1 (1982-09-08)

handle is hein.gao/gaobadkpo0001 and id is 1 raw text is: 



DECISIO-N


THU COMPTROLLER ORNRAL
019 THI UNIT3D STATES
WABHINGITON, 0, 9o 20540


B-200.1


DATE: Septe mber 8, 12


MATTER OF:       John Lo Bond


DIGEST:     1. A Marine Corps member's discharge
                absolutely terminates his entitle-
                ment to military pay and allow-
                atces, and a subsequent upgrading
                of the character of the discharge
                does not .hange the date of the
                former membpr's separation fror
                service, nor does it create any
                right to military pay fnr periods
                after the dAte of discharge;
                therefore, a former Marine Corps
                member given a bad conduct dis-
                charge on September 7, 1956, gained
                no entitlement to active duty pay
                for periods after that date as a
                result of action taken in 1974
                to upgrade the discharge from bad
                conduct to general (honorable
                conditions).

           2.  Claims for vetevan3 benefits which
               may arise as the result of an admin-
               istrative upgrade of a former Marine
               Corps member's discharge from bad
               conduct to general (honorable
               conditions) are within the exclusive
               jurisdiction of the Veterans Adminis-
               trat.in, 38 U.S.C. 211(a) (1976).

     Mrs John L. Bond, a former member of the United
States Marine Corps, requests reconsideration of our
Claims Division's December 19, 1977 denial of his
claims for additional amounts believed due by reason
of a correction of his military records under
10 U;S.C. 1552 to show that on September 7, 1956,
he received a general discharge under honorable
conditions rather than a bad conduct discharge. lie
claims all military pay and allowances, as well as
payment for accrued leave, through his full term of
c'istment; restoration of all fines imposed by
court-martial; mustering-out pay; retroactive


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