Posted on May 29, 2014
Can the military stop pay in the following situation?
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I have a friend in the Air Force that was being investigated for a crime. The investigators did not charge him, they decided to convey a Military board and pursue an administrative (other than honorable) discharge. The investigators used what evidence they could and turned evidence that was prior to his Military service to Louisiana law enforcement. My friend was picked up on a warrant from Louisiana and charged with a felony a few weeks before his administrative board. He was escorted by civilian police to his administrative board. The board found no wrong doing and the decision was made to let him continue his service. He is currently out on bond but cannot leave the state of Louisiana. His First Sergeant told him to report to the closest Air Force facility in Louisiana. He is currently pending a courts decision to allow him to return to his duty station which is out of the state of Louisiana. He found out after being bonded out that the military has stopped pay dated from the time that he was picked up on the warrant.
My question is, Can the military stop pay in this situation if he has not been convicted of a crime?
Any Military or Air Force regulation references will be greatly appreciated. Thank you
My question is, Can the military stop pay in this situation if he has not been convicted of a crime?
Any Military or Air Force regulation references will be greatly appreciated. Thank you
Military Pay
Air Force
Advice
Crime
Law
Posted >1 y ago
Responses: 1
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I a assuming that they are running him in a UA status. If that is the case then all pay and benefits are on hold until he is present for duty.
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CPL Charles Gale
Control by civilian authorities. A member of the armed forces turned over to the civilian authorities upon request under Article 14, (see R.C.M. 106) is not absent without leave while held by them under that delivery. When a member of the armed forces, being absent with leave, or absent without leave, is held, tried, and acquitted by civilian authorities, the member’s status as absent with leave, or absent without leave, is not thereby changed, regardless how long held. The fact that a member of the armed forces is convicted by the civilian authorities, or adjudicated to be a juvenile offender, or the case is “diverted” out of the regular criminal process for a probationary period does not excuse any unauthorized absence, because the member’s inability to return was the result of willful misconduct. If a member is released by the civilian authorities with-out trial, and was on authorized leave at the time of arrest or detention, the member may be found guilty of unauthorized absence only if it is proved that the member actually committed the offense for which detained, thus establishing that the absence was the result of the member’s own misconduct.
Reference: http://usmilitary.about.com/od/punitivearticles/a/mcm86_2.htm
Reference: http://usmilitary.about.com/od/punitivearticles/a/mcm86_2.htm
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CPL Charles Gale
His military commander allowed local PD to serve the out of state warrant.
Also after bond he has been reporting to a local Air Force facility under orders from his Chain of Command.
Also after bond he has been reporting to a local Air Force facility under orders from his Chain of Command.
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CPL Charles Gale
Thank you for your comments SSgt G., each and every idea helps. I also get to sharpen my knowledge on Military regulations.
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