CECIL M. SARGEANT, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought a veteran's bonus after his discharge was corrected to honorable, but the court denied the claim because he did not obtain the honorable discharge before July 1, 1953, as required by statute, and had no pending amended claim before the Service Recognition Board on May 20, 1953.
Statutes cited: Chap. 1261/2, Sec. 65, Par. 3, 1955 Ill. Rev. Stats.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- SERVICE RECOGNITION BoaRD-jurisdiction. Where evidence showed that claimant did not have an amended or supplemental claim pending before the Service Recognition Board on May 20, 1953, the Court is without jurisdiction to entertain said claim.
Cecil M. Sargeant, claimant, filed his claim in this Court on August 2,1956, alleging: 1. That he was inducted into the Armed Services of the United States on September 4, 1942, and served until January 26, 1944; 2. That for more than six months prior to his induction, into the Armed Forces he was a residentl of the State of Illinois; 3. That in March of 1951, as provided by the statute of this state, he made application to the Service Recognition Board for a veteran’s bonus; that his application was denied on the ground that he was discharged under the provisions of Section VIII, AR615 360; 4. That application for a corrected discharge was made on December 12, 1955, and that the discharge was corrected showing claimant was entitled to an honorable discharge; that this honorable discharge was filed in the office of the Circuit Clerk and Recorder of Knox County on April 30, 1956.
On October 22, 1956, this Court granted leave to respondent, upon motion duly made, and upon giving notice to claimant, to file a motion to strike the claim. No objections were filed to the motion, so that this case now comes on for hearing upon the complaint and motion filed by respondent thereto.
The question presented concerns Chap. 1261/2, See. 65, Par. 3, 1955 Ill. Rev. Stats., which is as follows: “Any person who had a claim, which would have been compensable by the Service Recognition Board except that during the period for filing claims such person was ineligible by reason of a dishonorable discharge from service, who prior to July 1, 1953, has or shall have such discharge reviewed and has obtained or shall obtain an honorable discharge, and any person who had an amended or supplemental claim pending before the Service Recognition Board on May 20, 1953, but had not by that date submitted sufficient evidence upon which the Service Recognition Hoard could pay the amended or supplemental claim, shall be entitled to have such claim considered by the Court of Claims, and to have an award on the same basis as if his claim had been fully considered by the Service Rt:cognition Board.”
[*477] Inasmuch as the Service Recognition Board denied the claim, because of the dishonorable dischafge, and inasmuch as claimant did not, prior to July 1, 1953, have such discharge reviewed, and obtain an honorable discharge, nor did he have on file an amended or supplemental claim pending before the Service Recognition Board on May 20, 1953, this Court would not have jurisdiction by reason of said statute to allow said claim.
It is, therefore, the opinion of this Court that the motion to strike the complaint filed herein should be, and the same is hereby allowed, and the complaint filed herein dismissed.
(No. 302 5-Claimant awarded $3,160.33.)
ELVA JENNINGS PENWELL, Claimant, vs. STATE OF ILLINOIS, Respondent.
Opinion filed February 21, 1957.
J OHN W. PREIHS, Attorney for Claimant.
LATHAM CASTLE, Attorney General ; C. ARTHUR NEBEL,Assistant Attorney General, for Respondent.
WORKMEN’S COMPENSATION AcT-continuing award. Claimant awarded additional damages pursuant to 11 C.C.R. 365 for the period to December 1, 1956.
TOLSON, C. J. On December 13, 1956, claimant, Elva Jennings Penwell, filed a supplemental petition for reimbursement for monies expended by her for medical services and expenses from February 1,1956 to December 1,1956.
Claimant was injured in an accident, while employed at the Illinois Soldiers ’ and Sailors ’ Children’s School at Normal, Illinois. The accident occurred on February 2, 1936, and the original award is reported in 11 C.C.R. [*478] 365. This Court retained jurisdiction of the case, and additional awards have been made from time to time.
The petition before the Court at this, time again discloses that cla.imant is permanently disabled, and is entitled to an additional award. Original receipts, received in evidence, esta.blish the following claim :
(1) Nurses
( a ) Wages . $1,373.1 5 ( b ) Board and Room ......................................................... 533.75 $1,906.90 (2) Drugs and Supplies-............................................................. 74.75 (3) Physician ............................................................................... 1,056.07 (4) Miscellaneous ..................:................................ :1 ................. 122.61 Total ................................................................................. 3,160.3 3 An award is, therefore, made to claimant for monies expended from February 1, 1956 to December 1, 1956 in the amount of $3,160.33.
The Court reserves jurisdiction for fuTther determination of claimant’s need for additional medical care.