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B-203066 1 (1981-08-13)

handle is hein.gao/gaobacuwf0001 and id is 1 raw text is: . . UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL August 13, 1981 In reply refer to: B-203066 Major James W. Nall, USMC,!Retired 4572 Via Marina, # 205 Marina del Rey, California 90291 Dear Major Nall: This letter is in response to yours dated April 20, 1981, in which you request a decision of the Comptroller General concerning your/entitlement to active duty pay for the period of 60 days prior to your retirement, during which time you were on leave from the Marine Corps and employed as a civilian by the Northrop Corporation. According to your letter, you accepted an employment offer from Northrop in July 1980, and then you requested that your name be entered on the retired list of the United States Marine Corps on December 1, 1980. At the time, you had 60 days of accrued annual leave which you elected to use just prior to separation in order to begin your civilian employment 60 days prior to retirement. You further state that you knew of no statutory restrictions against such employment during this period of leave; that although your plans were fully known by staff members who were in a position to know of the restriction, none of them informed you of it; and, furthermore, that you had observed such civilian employment to be a common practice throughout your military career. However, following your retirement you were informed by the Marine Corps Finance Center that 37 U.S.C. 5 801(a) required your retired pay to be withheld until all payments made to you by the Marine Corps from September 24 through November 30, 1980, were recouped. You have specifically inquired whether this statute is intended to disbar a Regular Navy or Marine Corps officer from his pay entitle- ment if he is employed by an industrial concern, such as Northrop Corporation, during a period of leave just prior to retirement after he has been relieved of his military duties, detached from his place of duty and unit, and for all practical purposes released from active duty.

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