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B-183824 1 (1976-07-06)

handle is hein.gao/gaobaduva0001 and id is 1 raw text is: V9 n THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20549 FILE: DATE: JUL 6 1976 FILE: B-183824 MATTER OF: PiA , D IG EST: ,. DEnlisted member's Period of authorized excess leave pending appellate review of his court- martial including a bad conduct discharge is creditable service for computinu period served on term of enlistment and, even though court- martial sentence was approved and discharge effected tbereafter,period of such leave is not to be included in unexpired part of member's enlistment upon which computation of recoupment of reenlistment bonuses is based. This action is in response to letter (ATZLCM-FA (M0)) from Major Kenneth M. Uest, USA; Finance and Accotting Officer, - Fort Leavenworth, Kansas, requesting an advance decision concern- ing whether a period of excess leave should be considered as a portion of the unexpired part of the term of e-listment of former Private , USA, in computing the amount of reenlistment bonuses to be recouped from Private The request was assigned control number Do-A-1235 by the Department of Defense Military Pay and Allowance Committee and 'was forwarded to this Office by Office of the Comptroller of the Army letter dated April 30, 1975 (DACA-FA-P). The submission presents the following facts. Private reenlisted in the Army for a period of 6 years on October 21, 1970, at which time he was a Specialist, E-5, with over 2 years of service. Incident to that reenlistment he was paid a total - of $6,000 in reenlistment and variable teenlistment bonuses. During the period of December 24, 1972, through January 23t 1973, 'he was in an absent without official leave status, He was tried before a special court-martial, found guilty on various charges and sentenced to be confined at hard labor for 2 months and to be discharged from the seryice with a bad conduct discharge, He served the confinement portion of hs sentence and, pending the completion of the appellate review of his trial as required by Article 66, Uniform Code of Military Justice, 10 USC. 866,/(1970), was restored to duty. Effective the date lie was restored to duty (May 4$ 1973), Private was authorized excess leave under ram PTUBLI ,riD DEC.SiON 6-55 Comp. G,

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