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B-229294.2 1 (1988-12-20)

handle is hein.gao/gaobabldo0001 and id is 1 raw text is: ...ComptroHer General of the United States Washington, D.C. 20548 B-229294.2 December 20, 1988 The Honorable Daniel K. Inouye United States Senate Dear Senator Inouye: This letter is in response to your inquiry of October 4, 1988, on behalf of Colonel Frank Slocum, U.S. Army Reserve (Retired) concerning the crediting of retirement points earned between the time of his mandatory removal date from active Reserve status on March 16, 1982, and his actual removal from this status on May 26, 1983. Actual removal was delayed due to administrative oversight. Under the circumstances presented here, the retirement points claimed by Colonel Slocum cannot be credited. At the time of his mandatory removal, Colonel Slocum had more than 20 years of service and was otherwise entitled to actually receive retired pay when he reached 60 years of age on September 4, 1986. He received his letter of notification of eligibility for retired pay at age 60 in October 1969, but continued in the active Reserve up to and beyond March 16, 1982. In fact, he attended Reserve drills from March 17, 1982 through May 16, 1982, and is claiming 10 retirement points based on this attendance. After May 16, 1982, Colonel Slocum stopped attending drills but still claims 17 additional membership points as a participant in the active Reserve from March 17, 1982 through his actual transfer from the active Reserve on May 26, 1983. Other than the characterization of it as administrative error, the record is devoid of any explanation for the 14-month delay in transferring Colonel Slocum from the active Reserve. Colonel Slocum does not contest the time established for his mandatory removal. On December 9, 1987, the Department of the Army Board for Correction of Military Records denied Colonel Slocum's request for the crediting of these points. It cited our decision in B-146603 (actually B-146608, Dec. 1, 1961, 41 Comp. Gen. 375) as the basis for denying retirement credit where a member participates beyond mandatory removal due to administrative oversight. 3(b 74(o

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