If the absence is not excused as unavoidable, pay and allowance will not be paid during the time served in civil confinement. Soldier is released without trial upon agreement to make restitution or reparation for the alleged offense AND the Commander determines the absence was not due to the soldiers misconduct. Soldier is admitted to bail, the trial is postponed indefinitely, and it is apparent the case will not be prosecuted. Soldier is released because the case is discontinued by the prosecutor or plaintiff, or because the jury fails to agree. Soldier is tried and found not guilty by reason of insanity, AND transferred to a state mental institution.
Soldier is confined due to being a witness before a civil court.
Soldier is subsequently released under bond pending appeal of the case to a higher court AND the appeal does not result in acquittal. Soldier is confined due to a failure to obey a decree of a civil court. The soldier's PAC should submit a DA 4187 to the personnel office no later than 3 working days after being informed soldier is in civil confinement. The Special Actions Section should be consulted about possible indebtedness of any soldier whom the commander plans to chapter or any soldier who is pending court martial.