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B-238153 1 (1990-07-03)

handle is hein.gao/gaobadntn0001 and id is 1 raw text is: ,Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Theodore W. Parsons, Jr. File: B-238153 Date: July 3, 1990 DIGEST A former regular officer who is dropped from the rolls of the Air Force pursuant to 10 U.S.C. § 1161(b) may not be paid for accrued leave under 37 U.S.C. § 501 since that statute -provides for payment of accrued leave only to officers who are discharged under honorable conditions. DECISION The question before us is whether a regular officer of the Air Force who is dropped from the rolls of the Air Force is entitled to payment for accrued leave to his credit at the time he is dropped from the rolls. For the following reasons payment is not authorized. Theodore W. Parsons, Jr., a regular officer of the Air Force on active duty with 23 years of active service was convicted of a felony in 1986 and incarcerated in a state penitentiary. Subsequently, he was dropped from the rolls of the Air Force pursuant to 10 U.S.C. § 1161(b). He now claims entitlement to payment for accrued leave to his credit at the time he was dropped from the rolls. Section 1161(b) of title 10, United States Code, provides that the President may drop from the rolls of an armed force an officer who has been absent without authority for 3 months or who is sentenced to confinement in a federal or state penitentiary or correction institution after having been found guilty of an offense by a court other than a court-martial and whose sentence has become final. Section 501 of title 37, United State Code, authorizes payment to a member for accrued leave to his credit at the time of his discharge. Discharge in the case of an officer is defined in the law as separation or release from active duty under honorable conditions. Section 501 specifies that discharge under other than honorable conditions requires forfeiture of all accrued leave at the time of discharge. A, A L_ S ri

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