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B-212663 1 (1984-05-02)

handle is hein.gao/gaobadlrd0001 and id is 1 raw text is: TH COMPTROLLER GENERAL DECISION OP THE UNITEO STATES WASHINGTON. 0.C. 20548 FILE: B-212663 DATE: May 2, 1984 MATTER OF: Appellate Leave Pay DIGEST: A military member, who has been convicted and sentenced by court-martial to dis- missal, or dishonorable or bad conduct discharge, and, pursuant to 10 U.S.C. S 876a, has been ordered to take leave pending the completion of appellate review of his case, is entitled to payment for accrued leave to his credit on the day before that leave began, even though his sentence included forfeiture of pay and allowances. That accrued leave is to be computed on the basis of the rate of pay applicable to the member on the day before the leave begins even though he may have been in a nonpay status at that time. The question to be decided in this case is whether under the provisions of 10 U.S.C. S 706 a military member convicted by court-martial, whose sentence includes confine- ment and forfeiture of pay and allowances, may upon release from confinement be paid for leave accrued prior to the effective date of sentencing while he is awaiting the com- pletion of appellate review of his case.1 We conclude that under the statute such a member may be paid for accrued leave. BACKGROUND The Military Justice Amendments of 1981, Public Law 97-81, November 20, 1981, 95 Stat. 1085, added article 76a (10 U.S.C. S 876a) to the Uniform Code of Military Justice, and section 706 to the leave chapter of title 10, United States Code. Under 10 U.S.C. S 876a military personnel who have been sentenced by court-martial may be required to take leave pending completion of appellate review, or until such 1 This question was submitted by Major Patrick T. Shine, the Finance and Accounting Officer at Fort Leavenworth, Kansas. The request was approved by the Department of Defense Military Pay and Allowance Committee and assigned control number DO-A-1425.

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