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B-186070 1 (1976-10-23)

handle is hein.gao/gaobadsqr0001 and id is 1 raw text is: MI= E - L- Ilz- THE COMPTROLLER GENERAL OECISION OF THE UNITED STATES WASHINGTON. 0. C, 20,948 FILE: B-186070 OATE:OW 157 MATTER OF: LieuteI ent Colonel U ISAF, Retire4 [DIGEST., Air Force officer muadatorily retired under 10 U.S.c. 8916, with retired pay computed as of April 11, 1970, may not have retired pay adjusted and Increased to reflect higher pay rates effective. April 15, 1970, on the basis of administutively issued corrected rstire- meat ordefs (issued over 4-1/2 years after original rairaelemt orders) purportiag to retroactively -etire officer voluntarily.at a later data mtder authority of I0 U.S.C. 8911, in ihe absence of valid Air Force correction action under 10 U.S.C. 1552. See Comp. Cn. decisions cited, and particularly $0 Cozp. Can. 258 (1970). This action is in response to a letter dated Jahnuary 22,.. 1975 (file reference RPTT), witb enclosures, from the Govptrol- ier, Accounting and rinance Division, Headquarters Air Force Aceonting and.Finance Center, requesting an advance decision as to the propriety of making payment -q a voucher for $1,852.05 in favor of Lieutenant Colonel USAY, Retired, representing additional retired pay for the peTiod May 1, 1970, through Deeimbae 31, 1974. The request was for- yArded to this Office by the Chief, Finance Group, Directore of Accounting and Finance, Departrent of the Air V6ora, aLd has been assigned Air Force Itaqueet No. DO-AP-1250 by the Dapartmenit of Defense Nilitary Pay and Allowance Conmittee, The subitdsion atates that the member was vadatorily retired under the provisions of 10 U.S.C. 8916efOn April 11, 1.970, having 4oopleted 28 years and 29 days of service tomputed under 10 U.S.C. 888O'nd 8927ind 28 years and 16 days of creditable service for basic pay pqrpose . In this respect, the member's 'Retirement Order-Special Order No. AC-31278, dated Deceember 4, 1969--makes rejerence in the remarks item to our decision 38 Coq, Cn, 5i4(1958) as the basis for his retirefeit. Based on that retirement order and in complAance with the Uniform Rtire- tent Date Act, 5 U.S.C. 430klJhe was retained on active duty until April 30, 1970, And became entitled to retired pay effettive Hay 1, 1970.

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