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

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.