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B-179866 1 (1974-07-31)

handle is hein.gao/gaobadupf0001 and id is 1 raw text is: 



                        ...   THE COMPTROLLER GENERAL
 93ECISIDN                    OF THE UNITED STATES





 FILE:   B~-179866                   DATE: JiUL1.a 1974

 MATTER OF        pa anC32,an~e


 QIGEST:     Nav  mewber who Twvbi1 on authorized leave was
             arrested by civiLlian authoritios and than restricted
             to State of South 1)a3,ota *W~ile awating trial, at
             which he wag convicted, and wh4o apparently, perfozrxed
             no caties -coo usurate vita ,xrade or specialty is not.'
             entitled to pay anid allowiances c4uring perioil sbequzent
             to authorized leave as absencie w'as restlt of own tiacoa-
             duct and was not exrcused as urtvo14ia.

     This action is in response to letter dated July 16, 1*973 (file
reference 300 D Lt~rr 7220), with enecI.osures , froms the dqputy
disbursing officer, Navy leional Fiaenee Center, Great Lakes,
Illiniois, requesriing an advatte decision as to the legalit- -f
crediting the pay account of                 rCS2, ISN,
with basic allowance for quarters, base Ma and standard maintenance
allowance for the period from July 16, 1972, through Xarch 20, 1973.
The request was foxwarled to this tOfflce by edorsezmnt ol the
Cotroller of the dXavy, dated October 11, 1973 (file refrence NCF-
411 72Oft2AC), and has been assigned submission numbe8r tK-N-1205
by the Department of Defense Mi-itary Pay and Allowa3Aau Couitez.

     It appears that Nihite on authorized emergaiicy leave fromi the
U.S.5, Goucal (A.1;-G) ho%,,eported at Pearl 1abor, ~Tawali, the* Zola-
ber was takea into custody by civil authorities in RApid City,
South Dakota, on July 7, 1972, and charged with posaession of
mijuana. H~e was held in jail overnight and then released on
bond, th.,,e terms of which reetrieted his mavent to the State of
South Dakota pending 4isposition of the caso.

     The record shows that while still in a leave status,
Petty Of ficer        counsulted personnl at the 13avy ecruiting
Station in Rapid City regarding~ hia inability to leave the stato.
'Tclephanic approval fromt the Commandant, lainth Niaval District,
Great Lakes, I'llinois, was obtained for the nember to remin~
within the area unitil digposition of his case. According to thle
subnission, the m~ember's athorized leave a.ipirad on July 15, 1972.
but he reim-ained in South D)akota during the period from July 116,
1972, until Uarch 20, 1973.

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