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B-194948 1 (1979-10-04)

handle is hein.gao/gaobadhqr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES VVWASHINGTON, D. C. 20548 FILE: B-1 MATTER C DIGEST: 94948 DATE: October 4, 1979 )F: Mr. David G. Saulter 1. X service member whose enlistment expired while in confinement pending appellate review of his court-martial sentence is not entitled to pay and allowances for period of confinement subsequent to expiration of his enlistment unless the conviction is completely overturned or set aside. Where it is so overturned or set aside and a portion of confinement time is served in a parole status, since the military exercises constraints on parolee's action, even though to a lesser degree than actual confinement, such constraints are just as real. Therefore, the individual is entitled to pay and allowances for his parole period. Compare Cowden v. United States, Ct. Cl. No. 242-78, decided June 13, 1979. 2. The rules governing parole of a service member confined by military authorities as a result of a court-martial sentence rqquire as a prerequisite to that parole that the parolee will have gainful employ- ment. Therefore, in the absence of a statute so authorizing, it would be improper to set off civilian earnings against military pay due for a parole period which becomes a period of entitlement to pay and allowances, unless the earnings are from Federal civilian employment which is considered incompatible with military service. This action is in response to a request for advance decision from the disbursing officer, Marine Corps Finance Center, on p_00G03b3 several questions regarding the legality of crediting pay and 46 allowances to the account of former Marine Corps Sergeant David G.0-1L Saulter. This matter has been assigned Control No. DO-MC-1319 by the Department of Defense Military Pay and Allowance Committee.

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