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B-161916 1 (1967-08-30)

handle is hein.gao/gaobaacrw0001 and id is 1 raw text is: 1473 COMPTROLLER GENERAL OF.THE UNITED STATES WASHINGTON. D.C. 2M AUG 30 AUG 3 0 1967 B-161916 FiWther reference is made to letter of ke 27, 1967, from the Assistant Secretary of Defense (Coptrollee) requesting decision on several questions concerng the applicability of certain provisitons of law in the case of those umbers of the Regular eompoents of the Army and Air Force who are subject to rmwal from the tapry disability retired list becase of tit-for-duty determinatio but who, being *. - otherise qualified, desire to be retired under other statutory provi.- sions rather than being returned to active duty. A discussion of the matter is set forth in Dpepatment of Defense Military Pay and Allowance Comaittee Action No. i) received as an esclosure. Four questions are presented in Comittee Action No. 400 The first three are as follows: 1. MW airna, Regu1a Air Force, or enlisted men, Regular Ar y, who are subject to rwoml from the Tftorary Disability Retired Lt because they re fit for duty, but who we qualified for ard desire to retire for length of service und 10 USC 8914 w 10 USC 3914,. reupectively, rather than turn to active daty, acquire a ew retiremut status without being re-enlisted, and have their retired pay ecputed ace.dming to applicable law in force on the effective date of retirento 2. May officers or wavant officers, Regular Air Force,, or Regular Arm, in the circumustaces cited in iuestion 1, who desire to retire under 10 MC 8911, 3911 or 1293, respectively, rather than return to active daty, acquire a new retirmt status, without being reappointed, and have their retired pay ccowuted according to applicable law in force on the effective date of ret iri.nt? 3. My offi rs or warrant officers, Reguliar Air Force, or Rpegl Ariy, subject to rmval from the Tv-,porary Disability Retired List as in the above eases, but who hav e attained the maxiua age or length of service for their prade uder the applicable mndatory provisions of N ,.., ;'Z

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