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B-205953 1 (1982-06-18)

handle is hein.gao/gaobadkkr0001 and id is 1 raw text is: 0 DECISION FILE: B-205953 THMl4 COMPTROLLER GENERAL OF' 'THE[ UNITED *TATEU WAHINQTON, 0,. 20545 DATEi June 18, 1982 MATTER OF: Disability Incuirred While on Excess Leave DIGEST A member of the Regular Army who incurred a permnent and total physical disability while in an excess leave status is not eligible for disability retired pay. Under 10 U.S.C. 5 1201 the member must have incurred his disability while entitled to receive basic pay in order to be eligible for disability retirement and 37 U.S.C, I 502(b) (1976) and applicable regulations specifically prohlbit entitlement to pay and allow- ances to members during etcess leave, Since the member did not incur his disability while he was entitled to receive basic pay, disability retirement is precluded. The Assistent Secretary of the Army (Installations, Logistics and Financial Management) has requested a decision concerning tho authority of the Departient of thte Army to approve a physical dis- ability retiremen and retired pay for en enlisted member of the Regular Army who incurred his disability uhiile in an excess leave status. As explained below, since the member was iv an excess leave status and was not entitled to basic pay whei, the dis- ability was incurred, as required by ehe disability retirement statute, we. conclude that he may not be paid disability retired pay. The matter has been a-signed submission number SS-A-1381 by the Department of Defens Military Pay and Allowance Committee. On June 24, 1.980, the member left his place of duty without authorization, Hie was apprehended on September 4, 1980, and was delivered subsequently into the custody of military officials. Upon being confronted with a charge of violating Article 86 of the Uniform Code of Military Justice (unauthoried absence), the member elected to apply for an administrative discharge in lieu of a court-iartial, as was allowed by Army regulations. While awaiting disposition of his application for a discharge, the member requested excess leave (leave without pay). His request was granted. He used the 4 days regular leave he had accrued and was placed officially in excess leave statut on September 14, 1980. On September 20, 1980, while he was away from the military and on excess leave, the member was involved in an automobile accident which left him permanently and totally disabled. There- after, his pending application for administrative discharge was fet aside and steps were initiated to process him for disability *1 ( A - 1 24 // * '4 4 '-11, 'I''

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