A-24067, AUGUST 20, 1928, 8 COMP. GEN. 80

A-24067: Aug 20, 1928

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WAS ARRESTED BY THE CIVIL AUTHORITIES ON CHARGES OF WHICH HE WAS FOUND GUILTY AND SENTENCED TO IMPRISONMENT WAS IN AN AUTHORIZED LEAVE STATUS UNTIL THE DATE OF EXPIRATION OF HIS FURLOUGH AND ENTITLED TO PAY THEREFOR. FROM THE ARMY FOR THE REASON THAT HE WAS SENTENCED TO IMPRISONMENT BY A CIVIL COURT. HE WAS ENTITLED TO PAY TO THE LATTER DATE. WAS THAT OF ABSENT WITH LEAVE. NOT HAVING RETURNED TO DUTY UPON THE EXPIRATION OF HIS FURLOUGH HIS STATUS THEREAFTER WAS ABSENT WITHOUT LEAVE. IT HAS BEEN UNIFORMLY HELD THAT A SOLDIER WHO IS ABSENT FROM DUTY WITHOUT LEAVE IS NOT ENTITLED TO PAY FOR THE TIME OF SUCH ABSENCE AND THAT AN UNAUTHORIZED ABSENCE IS NOT EXCUSED BY DETENTION BY THE CIVIL AUTHORITIES.

A-24067, AUGUST 20, 1928, 8 COMP. GEN. 80

PAY - ABSENT UNDER CIVIL ARREST - ARMY ENLISTED MAN AN ENLISTED MAN OF THE ARMY WHO, WHILE ON AUTHORIZED FURLOUGH, WAS ARRESTED BY THE CIVIL AUTHORITIES ON CHARGES OF WHICH HE WAS FOUND GUILTY AND SENTENCED TO IMPRISONMENT WAS IN AN AUTHORIZED LEAVE STATUS UNTIL THE DATE OF EXPIRATION OF HIS FURLOUGH AND ENTITLED TO PAY THEREFOR, AFTER WHICH DATE HIS STATUS BECAME THAT OF ABSENT WITHOUT LEAVE, NOT ENTITLING HIM TO PAY.

COMPTROLLER GENERAL MCCARL TO MAJ. P. G. HOYT, UNITED STATES ARMY, AUGUST 20, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 3, 1928, (201. LOUGHLIN, JOHN F.), TRANSMITTING THE FINAL STATEMENT OF PVT. JOHN F. LOUGHLIN, ON DISCHARGE JULY 10, 1928, FROM THE ARMY FOR THE REASON THAT HE WAS SENTENCED TO IMPRISONMENT BY A CIVIL COURT, AND REQUESTING DECISION WHETHER, FURLOUGH HAVING BEEN GRANTED FROM MARCH 24 TO JUNE 21, 1928, HE WAS ENTITLED TO PAY TO THE LATTER DATE, OR WHETHER HIS ARMY PAY CEASED WITH THE DATE OF HIS ARREST BY THE CIVIL AUTHORITIES APRIL 5, 1928.

THE SOLDIER HAVING BEEN GRANTED A FURLOUGH, AND NOT HAVING BEEN RECALLED TO ACTIVE DUTY DURING THE CONTINUANCE THEREOF, THE QUESTION OF UNAUTHORIZED ABSENCE DID NOT ARISE UNTIL THE EXPIRATION OF SUCH FURLOUGH. HIS STATUS FROM MARCH 24 TO JUNE 21, 1928, WAS THAT OF ABSENT WITH LEAVE, ENTITLING TO PAY, BUT NOT HAVING RETURNED TO DUTY UPON THE EXPIRATION OF HIS FURLOUGH HIS STATUS THEREAFTER WAS ABSENT WITHOUT LEAVE, AND IT HAS BEEN UNIFORMLY HELD THAT A SOLDIER WHO IS ABSENT FROM DUTY WITHOUT LEAVE IS NOT ENTITLED TO PAY FOR THE TIME OF SUCH ABSENCE AND THAT AN UNAUTHORIZED ABSENCE IS NOT EXCUSED BY DETENTION BY THE CIVIL AUTHORITIES, IN CASE OF CONVICTION FOR THE OFFENSE OF WHICH HE WAS ACCUSED.

A COPY OF THE ORDER GRANTING THE FURLOUGH SHOULD BE ATTACHED TO THE FINAL STATEMENT, AS A GRANT OF FURLOUGH AFTER ARREST OR EXTENSION OF FURLOUGH WILL GIVE NO RIGHT TO PAY. IF OTHERWISE ENTITLED TO PAY, YOU ARE AUTHORIZED TO CREDIT PRIVATE LOUGHLIN ON THE VOUCHER RETURNED HEREWITH AND WHEN SUPPORTED BY A CERTIFIED COPY OF FURLOUGH, WITH PAY FROM DATE TO WHICH LAST PAID TO JUNE 21, 1928, THE DATE OF EXPIRATION OF HIS FURLOUGH.