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B-191457 1 (1978-08-07)

handle is hein.gao/gaobadggk0001 and id is 1 raw text is: I I 'I' I, I 4 FILE: B-191.457 MATTER OF: DIGESI. DATE: August 7, .978 DOD Military Pay and Allowance Committee Action No. 540 Although section 04/ of the Department of Defense Appropriation Act, 1978 Public Law 95-111, 91 Stat. 686, 907 (1977) prohibits the use of tunds appropriated by it for payment to any member of the uniformed srvice for unused accrued leave in excess of 60 days, this section does not operate to prevent payment to members in a missirg status for unused accrued leave in excess of 60 J.ys pur- suant to '37 U.S.C. 531(h) an! 10 U.S.C, 701(g) since the sole puLpose of the appropriation restrictiDn is to prevent the sale of unused accrued leave upon teentistment. This action is in response 6o-a letter dated March 2, 19'8, from'ithe Assishant'Secretary of Dfense, Comptrolle, requesting a decision on the question whethetv nouwithstanding the restric- tions of the DeFavLmeit of Defense A'pj'opriation Act for the fScal year ending September 30. 1978, payments could be made pursuaht to 37 U.S.C. 501(h) to service members for leave accu- mulated in a missing status .in excess of 60 days pursuant to 10 U.S.C. 701(g). The rjtestion and discussion are contained in Department of Defense Military Pay and Allowance Committee Action No. 540 enclosed .4th the letter. The codified statute 'uich governs the entitlement and accumulation of leave for n.1litary members is 10 U.S.C. 701 (1976). In subsection (g) it reads as follows: (g) A membi who is in a missing status, as defined In se'ction 551(2) of title 37, accumuiates leave without regard to the sixty-day limitation in sub- section (b) and the ninety-day limitation in subsec- tion (f). Notwithstanding the death of a member while in a missing status, he continues to earn leave through the date-- , .. - 4 .. ,... 4 - .4-'... 4' r I Id 41vot I hk4.b e ta(%h THE COMPTROLLER GENRAL DECISION .C.aFTHEUNITEe STATES WASHINUTON, D.C. 2054 0 'P121 I i a 4 I I p U, I A 9

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