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B-194542 1 (1979-08-06)

handle is hein.gao/gaobadhmk0001 and id is 1 raw text is: V' THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 2054,8 A2 / NITO ,97 FILE: B-194542 DATE: August 6, 1979 MATTER OF: Gunnery Sergeant Danny L. Radish, USMC DIGEST: Marine Corps member who takes 19 more days of leave than he would accrue prior to the expira- tion of his first extension of enlistment had pay and allowances withheld from him upon return from leave for the 19 days pursuant to Department of Defense regulation. Although the member subsequently entered into a second reex- tension of enlistment which would enable him to earn more leave than the excess he used, there is no authority to repay him the withheld pay and 'allowances. The issue in this case is whether pay and allowances collected from a Marine Corps member for excess leave he used beyond what he would accrue in his extended enlistment may be refunded to him when he again extended his enlistment for a term sufficient to accrue enough leave to cover the excess. The matter is presented by letter of February 22, 1979, from the Disbursin Officer, Marine Corps Air Station (Helicopter), D3 1 New River, Jacksonville, North Carolina, requesting an advance deci- s10n as to whether the second extension of enlistment of Gunnery Sergeant Danny L. Radish, USMC, entitles him to reimbursement of pay and allowances previously withheld because of his taking excess leave. The request was assigned Control No. DO-MC-1317 and for- warded to us by the Department of Defense Military Pay and Allowance Committee. On March 24, 1972, Sergeant Radish enlisted in the Marine Corps for 6 years. On March 16, 1977, he voluntarily extended his enlistment for 1 year until March 23, 1979. At this point, Sergeant Radish elected to receive payment for his unused accrued leave and his leave balance was reduced to zero. During the year's extension, Sergeant Radish requested and was granted leave which resulted in his using 19 days' leave in excess of the number of days he would earn until the expiration of his then current enlist- ment on March 23, 1979. In accordance with applicable regulation, pay and allowances for the excess leave were collected from him.

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