Computation of Lump-Sum Leave Payment

The Assistant Secretary of Defense sought resolution of a question involving the proper rate of basic pay to be used for the purpose of computing a lump-sum leave payment to a former member of the Marine Corps. The member's enlistment expired after he was confined as a result of a court-martial conviction. Thereafter, he was placed in a parole status in lieu of remaining confinement time, which status was terminated on the date confinement would have ended. He was then placed in an excess leave status pending appellate review of his conviction. Upon review, the conviction and sentence were set aside and all rights restored including leave accrual. GAO determined that he was entitled to leave accrual through the last day of parole, not to exceed 60 days. While pay and allowances accrued only through the last day of parole, payment of lump-sum leave should be based on rates of basic pay in effect on the date of the member's discharge, even though he was not returned to duty status.