A-60724, MARCH 21, 1935, 14 COMP. GEN. 710

A-60724: Mar 21, 1935

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PAY - ARMY - ALLOWANCE IN CASE OF FORFEITURE WHERE THE FORFEITURE OF PAY OF AN ENLISTED MAN OF THE ARMY IS IN EXCESS OF ONE FULL MONTH. THE PAYMENT OF $5 IS AUTHORIZED UNDER SECTION 4 OF THE ACT OF MAY 17. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF JOHN D. THE PERIOD OF THE SOLDIER'S ABSENCE FROM DUTY WAS EXACTLY ONE MONTH WITHIN THE MEANING OF SECTION 4 OF THE ACT OF MAY 17. SECTION 4 OF THE ACT IS AS FOLLOWS: THAT EACH PERSON WHOSE PAY. IS FORFEITED FOR A PERIOD IN EXCESS OF ONE MONTH AT ANY ONE TIME PURSUANT TO THE PROVISIONS OF THIS ACT SHALL BE PAID FOR NECESSARY PERSONAL EXPENSES THE SUM OF $5 FOR EACH FULL MONTH DURING WHICH HIS PAY IS SO FORFEITED.

A-60724, MARCH 21, 1935, 14 COMP. GEN. 710

PAY - ARMY - ALLOWANCE IN CASE OF FORFEITURE WHERE THE FORFEITURE OF PAY OF AN ENLISTED MAN OF THE ARMY IS IN EXCESS OF ONE FULL MONTH, THE PAYMENT OF $5 IS AUTHORIZED UNDER SECTION 4 OF THE ACT OF MAY 17, 1926, 44 STAT. 557, FOR THE PERIOD FROM THE DAY OF THE MONTH ON WHICH SUCH FORFEITURE BEGAN, TO AND INCLUDING THE PROCEEDING DAY IN THE FOLLOWING MONTH.

COMPTROLLER GENERAL MCCARL TO CAPT. W. T. JOHNSON, UNITED STATES ARMY, MARCH 21, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 19, 1935, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF JOHN D. SMITH, 6358349, PRIVATE, COMPANY "E," 29TH INFANTRY, IN THE AMOUNT OF $5, CONSTITUTING HIS CLAIM UNDER SECTION 4 OF THE ACT OF MAY 17, 1926, 44 STAT. 557, FOR PERSONAL EXPENSE ALLOWANCE BY REASON OF FORFEITURE OF HIS PAY, THE REMARKS ON THE VOUCHER BEING "SICK IN HOSP. NLD AR 35-1440 FR. DEC. 31, 1934, TO JAN. 30, 1935, INCL.'

YOU STATE:

2. THE PERIOD OF THE SOLDIER'S ABSENCE FROM DUTY WAS EXACTLY ONE MONTH WITHIN THE MEANING OF SECTION 4 OF THE ACT OF MAY 17, 1926, YET HE HAS FORFEITED PAY FOR A PERIOD IN EXCESS OF ONE MONTH, DECEMBER 31, 1934, 1 DAY'S PAY DEDUCTED (PAR. 8 B AR 35-1340) AND FOR THE FULL MONTH OF JANUARY 1935.

SECTION 1 OF THE ACT OF MAY 17, 1926, CITED, PROVIDES FOR FORFEITURE OF PAY FOR ABSENCE OF MORE THAN ONE DAY ON ACCOUNT OF DISEASE ATTRIBUTED TO THE USE OF INTOXICANTS OR HABIT-FORMING DRUGS, AND SECTION 2 OF THE ACT PROVIDES FOR FORFEITURE OF PAY FOR ABSENCE OF MORE THAN A DAY FROM EFFECTS OF A VENEREAL DISEASE. SECTION 4 OF THE ACT IS AS FOLLOWS:

THAT EACH PERSON WHOSE PAY, AS DISTINGUISHED FROM ALLOWANCE, IS FORFEITED FOR A PERIOD IN EXCESS OF ONE MONTH AT ANY ONE TIME PURSUANT TO THE PROVISIONS OF THIS ACT SHALL BE PAID FOR NECESSARY PERSONAL EXPENSES THE SUM OF $5 FOR EACH FULL MONTH DURING WHICH HIS PAY IS SO FORFEITED.

WHERE, AS IN THIS CASE, THE FORFEITURE OF PAY IS IN EXCESS OF ONE FULL MONTH, THE PAYMENT OF $5 AUTHORIZED UNDER SECTION 4 OF THE ACT MAY BE MADE FOR THE PERIOD OF FORFEITURE FROM DECEMBER 31, 1934, TO AND INCLUDING THE DAY PRECEDING THAT DAY IN THE SUCCEEDING MONTH, JANUARY 30, 1935.

YOU ARE ADVISED THAT PAYMENT, IF OTHERWISE CORRECT, IS AUTHORIZED ON THE VOUCHER.