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B-207034 1 (1982-11-04)

handle is hein.gao/gaobadksa0001 and id is 1 raw text is: 









B-207034


F:


        TTHE COMPTROLLER GENERAL V
        OF THE UNITED BTATES
  ~ WASHNGNTON, . .C. 201549



              DATE: November 4, 1982

Sergeant Richard P. Stevenson, USAF


A military member on active duty
receiving full pay and allowances
served as a juror in a State court.
He received $35 in fees for his jury
duty. The member may not keep the
fees because he was not in a leave
status and he is therefore receiving
additional compensation for per-
forming his duties presumably during
normal working hours.


     Captain H. L. Bean, Accounting and Finance Officer,
Mountain Home Air Force Base, Idaho, requests an advance
decision as to whether a military member may keep fees
received for serving as a juror in a State court while he
was receiving full military pay and allowances. We con-
clude that a military member not in leave status may not
receive compensation from a State court for the time
during which he is on active duty and receiving full
military pay and allowances.

     This case was forwarded to us by the Air Force
Accounting and Finance Center and has been assigned sub-
mission No. DO-AF-1388 by the Department of Defense Mili-
tary Pay and Allowance Committee.

     Sergeant Richard P. Stevenson, USAF, served as a
juror in January, 1982, in a district court of the State
of Idaho. For his services Sergeant Stevenson received
$35 in fees and $0.80 in transportation expense. The
Accounting and Finance Office subsequently withheld $35
from Sergeant Stevenson's pay and placed it in a suspense
account until it is determined whether payment of the jury
fees may be accepted by the member.

     The Accounting and Finance Officer notes that in a
publication of April 18, 1980, issued by the Air Force
Accounting and Finance Center it is indicated that jury
fees could be retained by the member. However, the opin-
ion was expressed by Judge Advocate personnel that the
fees could not be retained.






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