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B-172682 1 (1974-01-24)

handle is hein.gao/gaobaadnw0001 and id is 1 raw text is: A4 joa am COMPTROLLER GENERAL OF THE UNITED STA-TE - WASHINGTON. z - o$&DP7 B-1726C2 a 2, 1974 Major General Francis S. Greenlef Chief, Nlational Guard Bureau Departnueuts of the Army and Air Purce Dear General Greeuief: We refer further to your letter of May 16, 1972, reference EGB-tS, concarning entitlenents of othervise eliibie National Guard technicians to discontinued service annuities and to severance pay when they are separated from their civilian positions as a result of the lot's of rilitary mer:bershlp due to failure on the part of the lational Guard t'.o accept their reenlitment applications even though they are properly qualified. You refer to our decision D-172682 of June 14, 1971, which held that National Guard technicians who tiere nilitry officer wer etitled to severance pay provided under 5 U.S.C. 5595 it otherv.tse qualAfied when they were separated fro their civilian positiona zts a restAt of losing their siliter, status as off kers or :arrant off cers beciiuse of nonselectitn for promotion. Separation because of nonlelection uias viewed as involuntary and not a removal for causes on charges of miscond.zct, delinquency, or inefficiency under thu termri of 5 U.S.C. 5595(b). You urge that a similar situation nay exist with respect to it technician who holds an enlisted military status and tho is not recained due to failure on the part of the htional Guard to acc(. t his roenl1st- wnat application if properly qualified, pointing out that there is a sinilarity between th. 'National Guard regulationto on the oelect ve retention of officer personnel and the prero3ative of State Adjutants General of not continuina enlisted nembers. You state the nction of the State Adjutants General may be based upon similar criteria and philosophies as applied in the officer selective ratention program. In general such actiotn by the State Adjuttmts General is said to insure(1) roteition of the most capable; (2) career incentive; (3) opportunity for adeanc=ec to highnr grodes at pzak years of an onlisted man's effectiveness; and, (4) individual and unit effectiveness to provide the nilitary operational capability required by the Depart:ents of the Ar7 and Air 1orce, In this cometion aee chapter 4, Ar..,w Regulation 135-205, entitled rnliuted Qualitative Retention Program (effective October 1, 1973). e, '1- .1 1cc r IeLr . 'Lr Cf , 4 i (e 1 et- qo 1 ('n-i ) ref, Sru4 c cfd aC~

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