Validity of Claim for Expense of Air Force Member's Confinement

The Air Force requested an advance decision on the validity of a claim submitted by a county sheriff's office for charges of $64 for the confinement of an Air Force member from May 9 through May 16, 1973. The claimant did not indicate what portion of the daily charges was applicable to subsistence. Civil laws and military regulations limit the amount payable for incarceration of a service member to $25. To be eligible for reimbursement above that amount, the claimant must show that the member was placed in custody at the request of military authorities and that the daily charge is for subsistence only or what part thereof is for subsistence. If the actual cost of subsistence is shown to be greater than $25, that amount is payable after military authorities have assumed custody of the prisoner. Accordingly, on the record presented, payment was authorized for $25.