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B-128493,B-158834 1 (1975-09-03)

handle is hein.gao/gaobadcpq0001 and id is 1 raw text is: -1ECISIN B-128493 . FILE: B-1 MATTER DIGEST: 011 THE COIPTROLLER GENERAL OF THE UNITED STATEB VA SHINGTON, D. C. 20548 -7 6-b -, 58834 DATE: SEP 3 1975 DOD Pay and Allowance Committee Action OF: No. 512 - Pay and Allowance Entitlements of Confined Military Personnel 1. A service member charged with commission of a civil offense on foreign soil is entitled to his pay and allowances for any pretrial cus- todial period at a U.S. military installation where the decision to incarcerate or to merely restrict member to duty station and assign him to perform duties on full-time basis remains in installation commanders. 2. A service member charged with commission of a civil offense on foreign soil is not entitled to pay and allowances for period when actually absent from military installa- tion for purposes of judicial proceedings by foreign civil authorities unless such absence is excused as unavoidable. 3. A service member charged with commission o a civil offense on foreign soil is to be con- sidered constructively absent from duty and not entitled to pay and allowances when member is actually incarcerated on the basis of request for incarceration by foreign civilian authorities under the provisions of a treaty or other international agreement. 36 Comp. Gen. 173 (1956) modified. This action is in response to a letter from the Assistant Secretary of Defense (Comptroller) requesting an advance decision concerning the pay status of service members held in confinement by military authorities for foreign civil offenses as discussed in Department of Defense Military Pay and Allowance Committee Action No. 512, which was enclosed with the request. The question posed in the Committee Action iss May Rules 7 and 8, Table 1-3-2, Department of Defense Military Pay and Allowances Entitlements Manual, which are based on Comp Gen Decisions 5BEMM) DECLMSCO $5 Cq. G~en.. ... T STY

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