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B-184585 1 (1975-11-25)

handle is hein.gao/gaobaduss0001 and id is 1 raw text is: DECISION FILE: B-184585 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATEB WAS HIN GTON, D.C. 2O-54B NOV 25 DATE: 929 OF: Pay aud allowances upon determulation of statusybV ourt order - Sa) AA alitfid 0mber of thle United States &Naval Rerv* ho aftr being ordered to ective duty filed a petition for habeas corpus on grounds that he w not a mber and vm detemined by Federal court order to have bea lafvu4ly enlisted atd In a military status. is entitled to pay aad allowances duriug the litigation, rgardless of, uhether he perfors nilitary duties. Honwer, settlement of the amuber'e clala for such pay nad alowances is subjeet to a d*duction of gross civilian earaings when he performed no meaningfu or useful services for the United States Goverament during the peoivd. This action is in raoponat to tater dated June 13, 1973 (file referetc LMlh 7240 Sar: 443), with enclosuresa, frto . C. Abjiam Navy Finance Office, Lorn Deach, California, requesting aft advance decision, regardiig the ttitlemeMt of Semn fletult US)$R, - to active duty pay and allowances for the petiod September 3, 1574, to March 4, 1975, in the cirenmstnees dseribed 71e requot was Stfol Je4d to this Office by the Office of the Comtrollar of the Navy ad has be issiged- submission aet.? flO-14-1Z39 by the ktpartnut of Defenl Milit&ry PAy 4wd AInante Comittee. - The retord shows that the umobew wAs ordered to report for active duty by Aetlve Duty For 'Training Order, Serial No, 0015- 03-64-11, dated February 27, 1973, issued by the Cravy-ad-ne Corps Resoet Center, L A*g -les, California, to report to the Coaumd- lag Offieer, ecruit Training Ceater, San Dieg, California, on March 14, 1973, for 109 days of active duty for trainig. The aubuiesion stata that the mmber failed to report as ordered and was declared a detertar an April 13, 1973. Ie v tpprehended and released to tilitAry control on Jaly 17, 1973 A Spftal Court Martial, convened in September 1973, found him not guilty of unathorized absence frou flarch 14, IM73, tlwpugh July 16, 1973. Rouvr, while awaitifg that 4ipositton, the member further abseated hiiself without authority during the periods Otober 1, 1973, to October 24, 1973, and overar 5, 1973, to Aupt 26, 1974, each time being apprehended and returned to military control. UBLISHED DECiSIOf ,5 Comp. Gen .....,

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