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B-211076 1 (1983-10-31)

handle is hein.gao/gaobadlju0001 and id is 1 raw text is: 7 HECOMPTROLLER GENERAL CECISION •.OF THE UNITEO STATES 4'tU J WA SHINGTON, 0.0. 20548 FILE: B-211076 DATE: October 31, 1983 MATTER OF: Department of Defense Military Pay and Allowance Committee Action Number 557 DIGEST: 1. Amendments to 10 U.S.C. 706 and 876a provide that court-martialed enlisted personnel with adjudged bad-conduct or dishonorable discharges may be com- pelled to take leaves of absence pending completion of appellate review, and that when they are placed on appellate leave they may elect to receive payment for any accrued leave to their credit either in a lump-sum settlement or as pay and allowances durina leave. The amendments were designed to avoid any necessity of restoring these persons to duty after their courts-martial, and to allow them some monetary assistance in their transition to civilian life. Payments may be made even thouqh the member's term of enlistment has expired. 2. The lump-sump monetary leave settle- ment authorized by 10 U.S.C. 706 for court-martialed enlisted personnel required to take appellate leave is to be based on the rate of basic pay to which they are entitled on the day before they are placed on leave. Even thouqh they may be in a nonpay or reduced pay status that day because their enlistments have expired or for some other reason, they still have a rate of basic pay, which is the full rate applicable by law to the enlisted qrade they hold, and the lump-sum settlement is to be computed on the basis of that rate. 3. The rule is well settled that no credit for pay and allowances accrues

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