B-117459, JANUARY 11, 1954, 33 COMP. GEN. 288

B-117459: Jan 11, 1954

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THEREFORE AN ENLISTED MAN WHO WAS SENTENCED BY COURT-MARTIAL PROCEEDING. THE ORDER WAS AFFIRMED BY GENERAL COURT MARTIAL ORDER NO. 816. IS WHETHER COMBAT PAY. EARNED IN A PERIOD PRIOR TO THE DATE OF THE COURT MARTIAL ORDER BUT WHICH WAS AUTHORIZED FOR PAYMENT BY AN ACT OF CONGRESS APPROVED AFTER DATE OF PROMULGATION OF THE COURT MARTIAL ORDER. IS FORFEITED. FOR WHICH SUCH MEMBER WAS ENTITLED TO RECEIVE BASIC PAY AND DURING WHICH HE WAS A MEMBER OF A COMBAT UNIT IN KOREA * * * . SUCH PAY WAS FORFEITED UNDER THE SENTENCE OF THE COURT MARTIAL ORDER. THE VOUCHER AND SUPPORTING PAPERS SUBMITTED WITH YOUR LETTER ARE RETAINED IN THIS OFFICE.

B-117459, JANUARY 11, 1954, 33 COMP. GEN. 288

COMBAT PAY - CHECK AGES AND FORFEITURES - COURT-MARTIAL SENTENCES - PAY ACCRUED BUT NOT PAID THE RIGHT TO THE ADDITIONAL PAY AUTHORIZED BY THE COMBAT DUTY PAY ACT OF 1952 FOR SERVICE RENDERED PRIOR TO THE ACT DID NOT ACCRUE UNTIL THE DATE OF THE APPROVAL OF THE ACT, AND THEREFORE AN ENLISTED MAN WHO WAS SENTENCED BY COURT-MARTIAL PROCEEDING, PRIOR TO THE EFFECTIVE DATE OF SUCH ACT, TO FORFEIT "PAY AND ALLOWANCES BECOMING DUE ON AND AFTER THE DATE OF THIS ACTION," FORFEITS ADDITIONAL PAY AUTHORIZED BY THE ACT.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO CAPTAIN C. L. CARDWELL, DEPARTMENT OF THE ARMY, JANUARY 11, 1954:

BY FIRST ENDORSEMENT OF OCTOBER 19, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF SEPTEMBER 28, 1953, REQUESTING DECISION AS TO THE PROPRIETY OF PAYMENT OF THE ENCLOSED VOUCHER FOR COMBAT PAY OF CHARLES C. OLSEN, FORMER ENLISTED MAN, UNITED STATES ARMY.

IT APPEARS THAT CHARLES C. OLSEN PERFORMED CERTAIN SERVICE DURING THE MONTHS OF NOVEMBER 1950 THROUGH APRIL 1951, WITHIN THE MEANING OF THE COMBAT DUTY PAY ACT OF 1952, APPROVED JULY 10, 1952, 66 STAT. 538, PROVIDING FOR THE PAYMENT OF COMBAT PAY FOR SUCH SERVICE AFTER MAY 31, 1950. HOWEVER, GENERAL COURT MARTIAL ORDER NO. 6, HEADQUARTERS, I CORPS, APO 358, DATED JANUARY 14, 1952, ADJUDGED THE FORFEITURE OF "PAY AND ALLOWANCES BECOMING DUE ON AND AFTER THE DATE OF THIS ACTION.' THE ORDER WAS AFFIRMED BY GENERAL COURT MARTIAL ORDER NO. 816, HEADQUARTERS, CAMP COOKE, CALIFORNIA, JULY 31, 1952.

YOUR QUESTION, SPECIFICALLY, IS WHETHER COMBAT PAY, EARNED IN A PERIOD PRIOR TO THE DATE OF THE COURT MARTIAL ORDER BUT WHICH WAS AUTHORIZED FOR PAYMENT BY AN ACT OF CONGRESS APPROVED AFTER DATE OF PROMULGATION OF THE COURT MARTIAL ORDER, IS FORFEITED.

SECTION 703 OF THE COMBAT DUTY PAY ACT OF 1952, 66 STAT. 539, PROVIDES IN PERTINENT PART, AS FOLLOWS:

703. EACH MEMBER AND FORMER MEMBER OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE COMBAT PAY IN THE AMOUNT OF $45 PER MONTH BEGINNING AFTER MAY 31, 1950, FOR WHICH SUCH MEMBER WAS ENTITLED TO RECEIVE BASIC PAY AND DURING WHICH HE WAS A MEMBER OF A COMBAT UNIT IN KOREA * * * .

THE RIGHT TO PAYMENT OF COMBAT PAY OTHERWISE PAYABLE DID NOT ACCRUE TO CHARLES C. OLSEN UNTIL JULY 10, 1952, AND HENCE BECAME DUE AFTER, NOT BEFORE, THE DATE OF THE ACTION BY THE CONVENING AUTHORITY. ACCORDINGLY, SUCH PAY WAS FORFEITED UNDER THE SENTENCE OF THE COURT MARTIAL ORDER, AS APPROVED BY THE REVIEWING AUTHORITY.

THE VOUCHER AND SUPPORTING PAPERS SUBMITTED WITH YOUR LETTER ARE RETAINED IN THIS OFFICE.