Pay, Allowances, and Leave Entitlement (54 COMP GEN 33)

An advance decision was requested concerning whether payment to a Marine Corps Reserve member should be reduced to recover overpayments of active duty pay and allowances and unused leave payments. The member who was injured in line of duty while on his initial period of active duty may receive pay and allowances in accordance with 37 U.S.C. 204(i) after expiration of the initial tour of duty while hospitalized and until he is fit for military duty, but during this period he is not considered to be on active military service within the meaning of 10 U.S.C. 701(a) which would entitle him to leave. He was considered to be on active duty for a period after his initial active duty in which he returned to his Reserve unit and agreed to extend his active duty. For this period, he is entitled to active duty and allowances and leave.