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Bell v. United States, 366 U.S. 393, 81 S.Ct. 1230, 6 L.Ed.2d 365

Facts

The petitioners were enlisted men in the United States Army who were captured during the hostilities in Korea in 1950 and 1951. In the prison camps to which they were taken, they behaved with utter disloyalty to their comrades and to their country. After the Korean Armistice in the summer of 1953, they refused repatriation and went to Communist China. They were formally discharged from the Army in 1954. In 1955, they returned to the United States and filed claims with the Department of the Army for accrued pay and allowances, which were denied, leading to their action in the Court of Claims.

The petitioners were enlisted men in the United States Army who were captured during the hostilities in Korea in 1950 and 1951. In the prison camps to which they were taken, they behaved with utter disloyalty to their comrades and to their country. After the Korean Armistice in the summer of 1953, they refused repatriation and went to Communist China. They were formally discharged from the Army in 1954.

Issue

Whether the enlisted men captured during the Korean War and who refused repatriation were entitled to pay and allowances during their detention as prisoners of war.

Whether the enlisted men captured during the Korean War and who refused repatriation were entitled to pay and allowances during their detention as prisoners of war.

Rule

Under the 1814 Act governing pay of prisoners of war and the later Missing Persons Act, enlisted men captured by the enemy are entitled to receive pay and allowances during their captivity unless there is a definite administrative determination that they are no longer in active service.

Under the 1814 Act governing pay of prisoners of war and the later Missing Persons Act, enlisted men captured by the enemy are entitled to receive pay and allowances during their captivity unless there is a definite administrative determination that they are no longer in active service.

Analysis

The Supreme Court found that the Army's refusal to pay the petitioners was based on an administrative determination that they had advocated the overthrow of the U.S. government. However, the Court held that this determination was not valid as it had never been formally made. The Court emphasized that a soldier's entitlement to pay is based on statutory rights, and unless a soldier has been punished through a court-martial, they are entitled to their pay regardless of their conduct.

The Supreme Court found that the Army's refusal to pay the petitioners was based on an administrative determination that they had advocated the overthrow of the U.S. government. However, the Court held that this determination was not valid as it had never been formally made.

Conclusion

The Supreme Court reversed the Court of Claims' decision and held that the petitioners were entitled to the pay and allowances that accrued during their detention as prisoners of war.

The Supreme Court reversed the Court of Claims' decision and held that the petitioners were entitled to the pay and allowances that accrued during their detention as prisoners of war.

Who won?

The petitioners prevailed in the case because the Supreme Court determined that they were entitled to their pay and allowances under the applicable statutes, as there was no valid administrative determination that they were no longer in active service.

The petitioners prevailed in the case because the Supreme Court determined that they were entitled to their pay and allowances under the applicable statutes, as there was no valid administrative determination that they were no longer in active service.

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