[Query Concerning Entitlement to Appellate Leave Pay]

A question was raised as to whether a convicted military member, upon release from confinement pending appellate review of his case, may be paid for leave accrued prior to the sentencing date. Under the new statutes, a military member may be required to take leave for morale or disciplinary reasons, pending completion of appellate review, if the sentence includes an unsuspended dismissal from the service or a dishonorable or bad conduct discharge. Furthermore, if a member is required to take leave, it is charged against the member's accrued leave on the day immediately preceding the day the appellate leave begins. Accordingly, the member was entitled to payment for accrued leave to his credit on the day before that leave began. In response to questions peripheral to this case, GAO held that, even though a member is sentenced to forfeiture of all pay, he is entitled to be paid for his accrued leave when he must take leave pending completion of appellate review. In addition, the member's accrued leave pay is based on the pay rate of the grade he held on the day before the appellate leave began.