Pay Status of Military Member While in Custody of Civil Authorities
Highlights
A Marine Corps enlisted member was charged with a crime by civilian authorities and placed in civilian confinement pending trial. At the trial he was found not guilty by reason of insanity, and was transferred to a State mental institution for an indefinite period of time. An advance decision was requested concerning his pay status for the period that he was in the custody of civil authorities. It was held that an administrative determination should be made in each individual case of absence in confinement, whether or not the absence is to be excused according to regulations as unavoidable. Payment for the period in question was permitted, contingent upon an administrative determination favorable to the individual.