Entitlement of Army Member under Sentence of Civil Confinement to Pay and Allowances for Weekends

B-191301: May 17, 1978

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An advance decision was requested concerning entitlement to pay and allowances of an Army member who was confined as a result of a civil conviction but, due to a work release program, only had to serve his sentence on weekends. The member was not entitled to pay and allowances for weekends because: payment could only be allowed for weekend days in which he was paroled into the custody of military authorities and performed or was available to perform his duties; he cannot be considered on an authorized pass since a pass is a privilege; and absence under these circumstances cannot be excused as avoidable.