A-30275, JANUARY 30, 1930, 9 COMP. GEN. 323

A-30275: Jan 30, 1930

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THE TIME THEREAFTER WHILE HE WAS AWAITING TRIAL AND SERVING SENTENCE. PAY FOR SUCH PERIOD IS NOT AUTHORIZED. REQUESTING DECISION WHETHER ON THE FACTS PRESENTED ON THE ROLL YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON FOR THE PERIODS MAY 1 TO 10. THE FACTS REPORTED ARE THAT BOYLES ENLISTED JUNE 7. THAT HE WAS CONVICTED OF DESERTION AND SENTENCED TO BE DISHONORABLY DISCHARGED (SUSPENDED) AND TO BE CONFINED AT HARD LABOR FOR ONE YEAR. THAT HE WAS RESTORED TO DUTY MARCH 28. THAT HE WAS PAID TO APRIL 30. THAT HE WAS TRIED AND FOUND GUILTY OF ABSENCE WITHOUT LEAVE ONLY AND SENTENCED TO BE CONFINED FOR THREE MONTHS AND TO FORFEIT $14 OF HIS PAY PER MONTH FOR THE SAME PERIOD. THAT HE WAS RELEASED FROM CONFINEMENT AND RETURNED TO DUTY STATUS FEBRUARY 25.

A-30275, JANUARY 30, 1930, 9 COMP. GEN. 323

PAY - ARMY ENLISTED MEN WHERE AN ENLISTED MAN IN THE ARMY WHO HAD LOST TIME DURING HIS ENLISTMENT, REQUIRED TO BE MADE GOOD BY THE ACT OF APRIL 27, 1914, 38 STAT. 353, AND THE ONE HUNDRED AND SEVENTH ARTICLE OF WAR, SURRENDERED AFTER THE EXPIRATION OF HIS ENLISTMENT, THE TIME THEREAFTER WHILE HE WAS AWAITING TRIAL AND SERVING SENTENCE, PRIOR TO RESTORATION TO A FULL DUTY STATUS FOR THE PURPOSE OF MAKING GOOD THE TIME LOST, UNDER THE STATUTE, MAY NOT BE COUNTED TO COMPLETE HIS ENLISTMENT, AND PAY FOR SUCH PERIOD IS NOT AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO CAPT. WARREN A. BUTLER, UNITED STATES ARMY, JANUARY 30, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 6, 1929, TRANSMITTING A PAY ROLL OF BATTERY E, EIGHTEENTH FIELD ARTILLERY, FORT DES MOINES, IOWA, CONSTITUTING THE CLAIM OF PRIVATE JOHNNIE A. BOYLES, R-254071, FOR PAY AS PRIVATE, WITH OVER FOUR YEARS' SERVICE FROM MAY 1, 1928, TO FEBRUARY 24, 1929, AND REQUESTING DECISION WHETHER ON THE FACTS PRESENTED ON THE ROLL YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON FOR THE PERIODS MAY 1 TO 10, 1928, AND SEPTEMBER 20, 1928, TO FEBRUARY 24, 1929.

THE FACTS REPORTED ARE THAT BOYLES ENLISTED JUNE 7, 1925, TO SERVE THREE YEARS IN THE ARMY; THAT HE DESERTED AT FORT SAM HOUSTON, TEX., SEPTEMBER 16, 1925, REMAINING IN DESERTION UNTIL SEPTEMBER 21, 1927, WHEN HE SURRENDERED AT FORT SILL, OKLA.; THAT HE WAS CONVICTED OF DESERTION AND SENTENCED TO BE DISHONORABLY DISCHARGED (SUSPENDED) AND TO BE CONFINED AT HARD LABOR FOR ONE YEAR; THAT HE WAS RESTORED TO DUTY MARCH 28, 1928; THAT HE WAS PAID TO APRIL 30, 1928; THAT HE AGAIN DESERTED AT FORT SILL, OKLA., MAY 11, 1928, AND REMAINED AWAY FROM MILITARY CONTROL AND JURISDICTION UNTIL SEPTEMBER 20, 1928, WHEN HE SURRENDERED AT FORT DES MOINES, IOWA; THAT HE WAS TRIED AND FOUND GUILTY OF ABSENCE WITHOUT LEAVE ONLY AND SENTENCED TO BE CONFINED FOR THREE MONTHS AND TO FORFEIT $14 OF HIS PAY PER MONTH FOR THE SAME PERIOD; THAT HE WAS RELEASED FROM CONFINEMENT AND RETURNED TO DUTY STATUS FEBRUARY 25, 1929; THAT HE HAS BEEN PAID FROM FEBRUARY 25, 1929, TO OCTOBER 31, 1929, ON THE ROLLS OF BATTERY E, EIGHTEENTH FIELD ARTILLERY.

THE ACT OF APRIL 27, 1914, 38 STAT. 353, PROVIDES:

* * * THAT AN ENLISTMENT SHALL NOT BE REGARDED AS COMPLETE UNTIL THE SOLDIER SHALL HAVE MADE GOOD ANY TIME IN ECCESS OF ONE DAY LOST BY UNAUTHORIZED ABSENCES, OR ON ACCOUNT OF DISEASE RESULTING FROM HIS OWN INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS OR OTHER MISCONDUCT, OR WHILE IN CONFINEMENT AWAITING TRIAL OR DISPOSITION OF HIS CASE IF THE TRIAL RESULTS IN CONVICTION, OR WHILE IN CONFINEMENT UNDER SENTENCE. * *

THE ONE HUNDRED AND SEVENTH ARTICLE OF WAR, 41 STAT. 809, IS AS FOLLOWS:

SOLDIERS TO MAKE GOOD TIME LOST.--- EVERY SOLDIER WHO IN AN EXISTING OR SUBSEQUENT ENLISTMENT DESERTS THE SERVICE OF THE UNITED STATES OR WITHOUT PROPER AUTHORITY ABSENTS HIMSELF FROM HIS ORGANIZATION, STATION, OR DUTY FOR MORE THAN ONE DAY, OR WHO IS CONFINED FOR MORE THAN ONE DAY UNDER SENTENCE, OR WHILE AWAITING TRIAL AND DISPOSITION OF HIS CASE, IF THE TRIAL RESULTS IN CONVICTION, OR THROUGH THE INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUOR, OR THROUGH DISEASE OR INJURY THE RESULT OF HIS OWN MISCONDUCT, RENDERS HIMSELF UNABLE FOR MORE THAN ONE DAY TO PERFORM DUTY, SHALL BE LIABLE TO SERVE, AFTER HIS RETURN TO A FULL-DUTY STATUS, FOR SUCH PERIOD AS SHALL, WITH THE TIME HE MAY HAVE SERVED PRIOR TO SUCH DESERTION, UNAUTHORIZED ABSENCE, CONFINEMENT, OR INABILITY TO PERFORM DUTY, AMOUNT TO THE FULL TERM OF THAT PART OF HIS ENLISTMENT PERIOD WHICH HE IS REQUIRED TO SERVE WITH HIS ORGANIZATION BEFORE BEING FURLOUGHED TO THE ARMY RESERVE.

THE REGULAR ARMY RESERVE WAS ABOLISHED BY SECTION 30 OF THE ACT OF JUNE 4, 1920, 41 STAT. 775.

BOYLES'S DEFINITE PERIOD OF ACTUAL SERVICE REQUIRED BY HIS ENLISTMENT CONTRACT WAS FROM JUNE 7, 1925, TO JUNE 6, 1928. DURING THIS PERIOD HE WAS ABSENT IN DESERTION 735 DAYS FROM SEPTEMBER 16, 1925, TO SEPTEMBER 21, 1927, AND ABSENT WITHOUT LEAVE 27 DAYS FROM MAY 11 TO JUNE 6, 1928. WAS ABSENT JUNE 6, 1928, AND WAS NOT RESTORED TO DUTY FOR PURPOSE OF MAKING GOOD TIME LOST DURING THE PERIOD COVERED BY HIS CONTRACT OF ENLISTMENT UNTIL FEBRUARY 25, 1929. WHILE HE SURRENDERED TO THE MILITARY AUTHORITIES SEPTEMBER 26, 1928, THE TIME FROM THAT DATE TO FEBRUARY 25, 1929, WHILE HE WAS AWAITING TRIAL AND SERVING SENTENCE WHICH THE STATUTE SPECIFICALLY PROVIDES SHALL NOT BE COUNTED TO COMPLETE HIS ENLISTMENT, WAS NOT SERVICE UNDER HIS CONTRACT OF ENLISTMENT, NOR WAS IT SERVICE MAKING GOOD TIME LOST UNDER HIS CONTRACT OF ENLISTMENT, AND NO PAYMENT FOR THIS PERIOD IS AUTHORIZED. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT ON THE VOUCHER IS AUTHORIZED ONLY FOR THE PERIOD FROM MAY 1 TO 10, 1928, IF IT IS OTHERWISE CORRECT.