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B-169366 1 (1977-11-29)

handle is hein.gao/gaobadfir0001 and id is 1 raw text is: I A I *C THE COMPTROLLER OG L . 4J. OF THE UNI-vEO V A WASHINGTON. 0.C. ii 5 .S '-4 C---' It) k~tN,~g tAILpg rJ 4 a MATTER OF: Mr. Alexander Tucker DIGEST: 1. Where La service member is indicted by, Japanese civil authorities for the pre- meditated murder of a Japanese civilian and is tried, convicted and sentenced and where the Status of United Nations Forces Agreement (Japan) calls for the transfer of custody and control from the sending State (U. S.) to Japanese authorities upon indictment, tne fact that transfer to a Japanese facility did not occur neither diminished the Japanese authorities jurisdiction over the arretei member nor alter their right to have him incarcerated pendiag the outcome of trial. 2. Where incarceration in a United States Military Correctional facility is at the request of Japanese authorities, and no discretionary authority exists in the military installation corrimander to incarcerate or merely to restrict to installation, the member is deemed to be constructively absent during period of such actual incarceration nubsequent to indictment and other than to the extent that such time is coverei by nccrued unused leave, no enti+1ement to pay and allowances a 2crues. The action previously taken in case, 51 Comp. Gen. 380 (1971), is sustained. Compare 55 Comp. Gen. 186 (1275). This action is in response to correspondence received from Mr. Alexander Tucker, concerning his claim for active duty pay and alowances believed due during the period 1970 to 1971, incident to his service in the United States Army. The matter of that claim was the subject of our decisin B-189366, December 29, 1971 (51 Comp. Gen. 380), which denied entitiement to j I I I I !~~'LWi- ' DATE: November 29, 1977 DUCISION FILE: B-19386 LbL

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