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B-150136 1 (1974-07-02)

handle is hein.gao/gaobaagxr0001 and id is 1 raw text is: -m . - COMPTROLLERt GENERAL OF THE UNITED SATES WASHINGTONI, D.C. *2S43 JUL. ' 174 'th hono ,rable 5hj Secretary of Defenase war yr. secretarys Itferene is aade to our letter B-150136fdated February 7, 197 touSting your Tiews Concerning the service of General , USA, , in the Uhite House during the period fz Say 4 to July 31, 1973, while he was an officer on the active list thM Regular ATy. In that letter we stated that in view. of the fac Situation (pvimarily as reported in White House press releases) cont ing General functions and duties at the White House, we had tli-'ly concluded that when be began to exercise -those functions and on or *bout May 4, 1973, he occupied a civil office and that his -oil 54150136 -' qpointognt automatically terainated by operation of law under 10 U.S.C. 973(b). V * also tentatively concluded that with the termination of his military appointment General would not appear to have qualified as i omfsaiomud officer of the Arzy for the purposes of 10 Us.C. 3911, : . the law under which e undertand ha retired on July 31, 1973, 4s a mult. tbers was brought into question the legality of the payment to his of active duty pay and allowances during the period Kay 4 to July 31, 1973, and retired pay fre and after August 1, 1973, We have now received a letter dated April 22, 1974, from the ateral Consel of the Department of the Army replying on behalf of the Depart. + mat of Defense to our February 7, 1974 letter. In his lettet the Gen- Sual Counsel provides the following Statmemnt of Facts coucerniog this Untters After serving for almost four yeark in the Office of the President, first as Military Asistant to the President for National .Secwrity Affairs and subsequently as Deputy Assistant to the President for National Security Affairs, General , returned on January 4, 1973,. ... to the Army staff, having been signed on that date as Vie Chief of Staff of the Army., On April 30, 1973, the Vhite Souse announced the rosig-. ation of tvo of the President's senior assistants essrs H,U . . Valdosan and John lIhrlibwan. Because of his confidence in eneral -and because of his uncertainty as to the future tole of his personal staff, on May 3, 1973, the Preuident .. . . . . . . .. .. .. ... . . . . . . . . . . . . . .. . . .. . . . :.. . : . +. . .1 - . .. . . . .. ... .+ . . -; ( :. ... - -,-..- r4* ul f duties litAy . . .. .

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