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B-192082 1 (1978-12-21)

handle is hein.gao/gaobadgss0001 and id is 1 raw text is: DECISION FILE: B-192082 Szj THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 DATE: December 21, 1978 MATTER OF: Benefits for disability incurred in confinement DIGEST: 1. An Army enlisted member sentenced by a court-martial to dishonorable discharge, confinement for life, reduction in grade, and forfeiture of all pay and allowances was retained in confinement past the expiration of his enlistment pending review of his sentence. On appeal his sentence was reversed in part and a rehearing held, which resulted in his conviction for the lesser offense involved in the earlier conviction. The reversal did not entitle him to restora- tion of pay and allowances und-er--l0-U-.-S-C. -87-5( for the period subsequent to the expiration of his enlistment since his lac of entitlement to pay during that perio due to the expiration of his enlistment; 4ot the execution of a court-martial sentence. 40 Comp. Gen. 202 (1960). 2. A-nkrm -eiTihsbtdmemier TWhBlieilstm-ent exyTYrd Xhile .e-we-s- in confinement pending appellate review of, ncurt-martial sentence was not entitled to pay subsequent to the expiration of his enlistment and, therefore, is not entitled to disability retirement or severance pay u for a disability incurred during that period. 3. If an enlisted member is restored to full duty status after expiration of his enlistment, pending appellate review of his court-martial sentence (which includes forfeiture of pay), he is entitled to pay while in the duty status. This action is in response to a request by the Deputy Assistant Secretary of the Army by letter of May 26, 1978, with regard to the entitlement of a private (E-1) in the Army to pay and physical disability benefits from the Army. The member entered the Army as a Regular enlistee on March 31, 1971, for an enlistment period of 2 years. On October 11, 1972, he

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