About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-194949 1 (1979-11-07)

handle is hein.gao/gaobadhse0001 and id is 1 raw text is: V THE COMPTROLLER GENERAL DIECISICN11 OF TH-E UNITED STATES WASHINGTON, 0.C. 20548 - LNITEO FILE: B-194949 DATE: November 7, 1979 MATTER OF: Sergeant Richard M. Tracey, USMC DIGEST: A Marine Corps enlisted member was charged with a crime by civilian authorities and placed in civil confinement pending trial. At trial he was found not guilty by reason of insanity and transferred to a state mental institution for an indefinite period of time. An administrative determination should be made in each individual case in absence in confinement whether it is to be excused as unavoidable as required by the Military Pay and Allowances Entitlements Manual. Payment for the period in question may be made if an administrative determination favorable to the individual is made. / This action is in response to'a request or an advance decision regarding the pay status o . ill474 / erTracey z USMC, while in the. custody of civil authoritie as the result of criminal charges against him. We find t at he is entitled to military pay and allowances for the period in question only if an administrative determination is made in his case to excuse the absence as unavoidable. The request has been assigned Control Number DO-MC- 1321 by the Department of Defense Military Pay and Allowance Committee. The reported facts are as follows. On September 11, 1974, the member was turned over to civilian authorities by the Marine Corps based on an arrest warrant. He was thereafter adjudged mentally unable to stand trial by court action-dated October 1, 1974, and committed to the South Florida Mental Institute with internment for an indefinite period with civil charges pending. However on November 24, 1976, he was tried and found not guilty by reason of insanity and transferred to the Florida State Hospital for an indefinite period of time. On /'

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most