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B-187272 1 (1976-11-04)

handle is hein.gao/gaobadtad0001 and id is 1 raw text is: P / [F THgNTD TT I -, THE COMPTROLLER GENERAL DECISION **OF THE UNITE13 STATER lI W. 4 WASHINGTON, D.C. 20548 FILE: B-187272 DATE: N D i..1 F MATTER OF: , SA, USN DIGEST: Member's claim for pay and allowances for period in which he was in an unauthorized leave status (part of which he was under psychiatric treatment in civil-tan hospitals) is disallowed since the administrative determination required by 37 U,S.C. 503(a) (1970) was not made that the absence was excused as unavoidable, which determination is primarily administrative and based on the actual facts involved. This action is in response to a letter from Mr. a former enlisted member of the United States Navy ., appeallng our Claims Division settlemenrt dated July 9, i976, which disallowed his claim for pay and allowances for the period from February 4, 1974, through March 25, 1975, during which time he was in an unauthorized absence status from the Navy. The record indicates that the claimant was absent without leave from February 4, 1974, to March 26, 1975, and had been declared a deserter as of March 3, 1974. The file shows that while absent without leave, the member apparently returned home to Texas, until November 1, 1974, when he was admitted by his family to a civilian hospital in Galveston, Texas. The file also shows that he was shortly thereaftet transferred to Graves Hospital, Galveston, Texas, where he remained under psychiatric treatment until March 26, 1975, when he was released to naval authorities and transferred to the Naval Hospital, Memphis, Tennessee, and then to the Naval Regional Medical Center, Portsmouth, Virginia. On August 7, 1975, he was granted a neuropsychiatric waiver of the desertion charge and on October 24, 1975, he was honorably discharged from the Navy. Mr. submitted a claim for pay and allowances to the Navy for the period of his unauthorized absence, which claim the Navy forwarded to our Claims Division as doubtful. The Claims Division disallowed the claim on the basis that there is no record that the unauthorized absence was excused as unavoidable and the official records show the period of the claim as lost time. djb

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