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B-271415 1 (1996-09-12)

handle is hein.gao/gaocrptaeei0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Courts-martial Sentences-Records Lost Before Appellate Review-Appellate Leave Benefits File: B-271415 Date: September 12, 1996 DIGEST 1. An enlisted member, who is in an appellate leave status under 10 U.S.C. § 876a (1994), and whose court-martial conviction with punitive discharge or dismissal is set aside administratively because the service concerned has lost the records of trial before completion of action by the convening authority or before completion of appellate review, and is thereafter given an administrative discharge, is entitled to pay and allowances during the period he is retained in the service, even for the period after he has passed the expiration of his term of service. 2. An enlisted member, who is in an appellate leave status under 10 U.S.C. § 876a (1994), and whose court-martial conviction with punitive discharge is set aside administratively because the service concerned has lost the records of trial before completion of action by the convening authority or before completion of appellate review, is thereafter given an administrative discharge. His placement in an appellate leave status may be voluntary or required. In addition, a voluntary appellate leave status under those provisions may become a required appellate leave status. Since all appellate leave under 10 U.S.C. § 876a could be processed as required leave and the member remains subject to military control, the member is entitled to pay and allowances for the entire appellate leave period because his placement in that status is for the government's benefit. 3. The pay and allowances entitlement of a member who is in an appellate leave status under 10 U.S.C. § 876a (1994), where the court-martial conviction with punitive discharge is set aside administratively because the service concerned has lost the records of trial before completion of action by the convening authority or before completion of appellate review and is thereafter given an administrative discharge, is authorized under 10 U.S.C. § 707(a) (1994). However, under 10 U.S.C. § 707(b)(2), that pay is to be reduced by the total of all the outside earnings received by the member for the period of appellate leave. 755912