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COMPTROLLER GENERAL OF'THE UNITED STATES
WASHINGTON, D.C. 20548
IN REPLY
RJ 'o: B-196767
January 25, 1980
The Honorable Howard M. Metzenbaum
United States Senator
2915 AJC Federal Building e OO0&{
1240 East Ninth Street
Cleveland, Ohio 44199
Dear Senator Metzenbaum:
We refer to your letter of November 20, 1979, in which you
expressed an interest in the claim of Chief Yeoman Conrad S. Syroney,
USNRd, Aisability severance pay and Reserve retired pa]
oe 46 The facts as presented indicate that Chief Syroney, a member of the
-Navy Reserve, has developed a physical disability which the Navy has
determined is less than 30 percent under the Veterans' Administration's
standard schedule of rating disabilities. As a consequence of his
condition the Navy has found him to be unfit for- duty. Chief Syroney
has been notified that he is to be discharged from the Navy. In
conjunction with being notified of his impending discharge he has
been informed that he is to choose between receiving disability
severance pay or receiving Reserve retired pay at age sixty.
Chief Syroney contends that he is entitled to receive disability
severance pay now and retired pay benefits at age sixty. He bases
his contention upon our decision in 53 Comp. Gen. 921 (1974).
The statutory provisions relating to retirement or separation
from the Armed Forces for physical disability are found in chpter 61
of title 10, United States Code (1976). In order to be eligible for
physical disability retirement a member of the Armed Forces, in
addition to satisfying other requirements, must have at least 20
years of active service as computed under 10 U.S.C. 1208 or the
disability must be rated at least 30 per cent under the Veterans'
Administration's standard schedule of rating disabilities.- We have
been informed that Chief Syroney does not have the requisite number
of years of active service and, as noted above, his disability is
rated at less than 30 percent. Thus, Chief Syroney would not be
entitled to a physical disability retirement.](ViewImageLocal?handle=hein.gao/gaobabjqy0001&div=1&collection=&method=preview&ext=.png&size=3)