Pay and Allowance Entitlements of Confined Military Personnel

An advance decision was requested concerning the pay status of service members held in confinement by military authorities for foreign civil offenses. A service member charged with the commission of a civil offense on foreign soil is entitled to his pay and allowances for any pretrial custodial period at a U.S. military installation. He is not entitled to pay and allowances for any period when he is actually absent from the military installation for the purposes of judicial proceedings by the foreign civil authorities unless such absence is excused as unavoidable. He is to be considered constructively absent from duty and not entitled to pay for any period he is actually incarcerated on the basis of a request for incarceration by the foreign civil authorities.