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B-179863 1 (1974-08-01)

handle is hein.gao/gaobadcce0001 and id is 1 raw text is: , 0 7g3ffq5.7 ~ tCR~lFIL ,~~J ~0 THS CCMPTROLL.5RSNMA * DC1I I o .WtZJ4 0 F THE UNITED o VATEB8 4A j 41I WASHINGTON, 0 , t 5413 FILE;:196 DATE; A UG 1 1974 MATTIER lncreasp in retired paj- ft<{'r/ r Seksr asaer Serceany' Ray H. Wade, USAP DCEST: Th.,evre putatien of the retireS anty of an Ar Force sergeant advanced on the retired list to second lieuteuant under 10 U.S.C, 8964 must be based an rates of baic pay applicable to hi on date of retirenent as provided by footnote 1 of 10 U.S.C. 8992, which rates arc those provided by Public Law 85-422, effee- tive June 1, 133, sinca le wan retired Juno 30, 1903, and not the liaher rates provided by Public Law 88-132, effective October 1, 1963. This action is in response to a letter dated September 21, 1973 (file reference RPTT), with enclosures,t from Mr N. R. Breringetall, Chief, Accounting and Finance Division, Ueadquarters, Air Forco I/ K Accounting and Finance Center, Denver, Colorado, requesting an advance decision as to the propriety of mukins payment on a vouciar in the amount of $44.48 in favor of Senior Mbaster Sergeant Roy K. lHado, ISAF, retired, That letter was forwarded to this Office by Headquarters, United States Air Force (file reference ACF), and has 7 been assigned submission No. DO-AP-1206 by the Pepartmont of Defense 14 2 Military Pay and Allowance Committee. The subaisnion indicates that Sergeant Wade wan retired under the provisions of 10 U.SC. 8914 in the grade of senior master sergeant on June 30, 1963, aftercompleting 20 years, 2 rontha, and 1 day of active service. Reportedly, his retired pay was inivially computed based on the pay rates in effect at the time of his retire- uent, that is, the rates effective June 1, 1958, as provided by section 201(a) of t:ie Career Comoonsation Act of 1949 as amenaed by section (1) of the act of Hay 20, 1958, Public Law 85-422, 72 StaC.. 122, 37 U.S.C. 232(a) (1958 ed.). Beginning October 1, 1963, his retired pay wua increaaed by the rataes of basic pay that becama effective on that data under section 5(a)(1) of the Uniformed Servica Pay Act of 1963, approved October 2, 1963, Public Law 88-132, 77 Stat. 212. Effectiw April 30, 1973, Sergeant Wade became entitled to be advanced on the retired list under 10 U.S.C. 8964 to the highwst twporary grade he had held on active duty (second lieutenant, 0-1) 70 R GF - 1EST DOUM gvMLABLE

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