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B-192444 1 (1978-10-30)

handle is hein.gao/gaobadgnr0001 and id is 1 raw text is: THE COMPTROLLER CUNBRL DECISION . .OF THE UNITED ETATEE WABHINGTON, D. C. 20548 FILE: B-192444 MATTER DIGEST: DATE: October 30, 1978 OF: Specialist Fourth Class Myers Darby, USA, Retired 1. Where an individual, who is in an absence without leave/dropped from rolls as a deserter status, is apprehended and returned to military control and who is ordered into a military hospital for in-patient treatment foir a mental condition which condition antedated his return to military control and is restored to the rolls aEs a service member for accountability purposes, such action may be considered as tantamount to restoring him to a full duty status for pay purposes. Cf. 54 Comp. Gen. 862 (1975). 2. An individual who is in an absence without leave/ dropped from rolls as a deserter status for more tian 30 days, even though it is determined by medical authority that he is mentally incompetent, iE\ not entitled to piy and allowances for that absence ppriod unless the absence is excused as unavoidable (3*7 U. S. C. 503(a) (1970)) by an officer exercising gneral courts-martial jurisdiction (para. 10312b, DODPM and para. 1-14, AR 630-10). Cf. 40 Comp. Gen. 366 (1960). 3. In the absence of a court-martial conviction and settence which includes forfeiture of accrued but unpaid pay and allowaices, that which accrues but is unpaid at the time a member enters an absence without leave status may be paid following his return to military control. * This action is in'response to a letter dated June 10, 1978, from Luther J. Battiste, III, Esquire, written on.behalf of Specialist Fourth Class Myers Darby, USA, Retired, concerriihg his entitlement to pay and allowances believed due for the period January 1, 1969, through Febrcary 13, 1976, for eervice in the United States Army. The matter of this claim was the subject 6f a settlement by our Claims Division, dated May 24, 1978, which disallowed that claim for the reasons that the member was in an absence without leave/dropped from the rolls (AWOL/DFR) status during the major portion of the K' V -- I

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