Entitlement to Disability Retirement and Retired Pay

A GAO decision was requested concerning the authority of the Army to approve a physical disability retirement and retired pay for an enlisted member who incurred his disability while in excess leave status. The member had left his duty station without authorization, was apprehended, and was charged with unauthorized absence. The member elected to apply for an administrative discharge in lieu of a court-martial. While awaiting the disposition of his application for a discharge, the member was granted excess leave. While on excess leave he was involved in an automobile accident which left him permanently and totally disabled. Thereafter, his application for administrative discharge was set aside and steps were initiated to process him for disability retirement. The law only permits the Army to retire a member whose disability was incurred while the member was entitled to basic pay, and it explicitly precludes entitlement to pay and allowances for members of the armed services while in an excess leave status. Since the member was not entitled to basic pay during his excess leave, the member was not eligible for physical disability retired pay.