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B-255792.2 1 (1995-11-09)

handle is hein.gao/gaocrptabyd0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Admiral Jonathan T. Howe, USN (Retired)-Reconsideration File: B-255792.2 Date: November 9, 1995 DIGEST Prior decision which held that change in retirement date of officer by Naval Board for the Correction of Military Records permitted officer's accrued leave to be liquidated at 0-10 rather than 0-8 rate is modified because officer was retained on active duty for one month following corrected retirement date and regulation implementing 37 U.S.C. § 501(b)(1) states that leave is to be liquidated at rate of basic pay at time of discharge. DECISION The Defense Finance and Accounting Service has requested reconsideration of our decision in the matter of Admiral Jonathan T. Howe, USN (Retired), 73 Comp. Gen. - (1994) (B-255792, May 9, 1994), in which we found that Admiral Howe was entitled to have his accrued leave liquidated at the grade of Admiral (0-10) rather than the grade of Rear Admiral (0-8). For the reasons which follow, we modify our prior holding. Admiral Howe was serving in a position under 10 U.S.C. § 601 for which he was entitled to the grade of 0-10, Admiral. However, Admiral Howe was to revert to his permanent grade of 0-8, Rear Admiral, prior to his projected retirement sometime before June 4, 1992. As a result, legislation was enacted to continue him in the grade of Admiral through June 4, 1992. See Pub. L. No. 102-297, June 2, 1992, 106 Stat. 216. Admiral Howe, however, was not transferred to the retired list until July 1, 1992, by which time the extension of his 0-10 grade had expired, so that the 60 days of excess leave he had accumulated were liquidated at the 0-8 rate to which he had reverted. Section 1370 of title 10, United States Code, provides that an officer may be retired in the grade in which he was serving under 10 U.S.C. § 601, in the discretion of the President with the advice and consent of the Senate. Although the President had 10361031

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