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B-196397 1 (1980-10-28)

handle is hein.gao/gaobadiqt0001 and id is 1 raw text is: co, 4THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES a WASH INGTON, O.C. 20548 B-196397 MATTER OF: DIGEST: 1. DATE: October 28, 1980 Debts of Service Members Discharged Early A service may withhold from pay due a member with the member's consent, -amounts expected to become due to the united States because of paid bonuses and advance leave which are expected to become unearned bonuses and excess leave due to the member receiving an early sep- aration from the service. However, such amounts may not be withheld from current pay without the member's consent since no actual debt exists until the member is discharged. 2. Collection for advance leave which becomes excess leave on discharge must be computed based Jn pay received by the member at the time the leave was taken and not on pay rates in effect at time of the member's discharge. The following questions are presented for an advance decision by the Principal Deputy Assistant 960 Secretary of the Air Force (Financial Management): a. May a Service, with the member's consent, withhold from pay due the member prior to an early separation, a reasonable portion of the amount expected to become due to the United States because of paid but unearned bonuses and advance leave? b. Is it legally permissible to compute advance leave that becomes excess leave because of an early sep- aration, at the rates in effect at separation rather than at the rates in effect at the time of the advance leave? OL e 4:4- -y 11?IALI FILE: E uo-VI ce__ k ^

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