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B-182153 1 (1975-07-03)

handle is hein.gao/gaobadcgg0001 and id is 1 raw text is: DECISION FILE: B-182153 5 $.~. THE COMPTROLLER GENERAL OF THE UNITED STATES : WASHINGTON, D.C. 20548 DATE: L $ 1975 7 MATTER OF: Department of Defense Military Pay and Allowance Committee Action No. 515 - Payment to JROTC Instructors DIGEST: 1. Where retired members are employed as adminis- trators or instructors in the JROTC program under 10 U.S.C. 203(d) at DOD operated schools on U.S. military bases in foreign countries and occupy Government owned or controlled quarters which are determined by such installa- tion comnander to be adequate for the member and dependents for his grade or rating if called to active duty at that location,.such retired member may not be credited with BAQ in the computation of the additional amount payable to him under 10 U.S.C. 2031(d)(1). 2. While the additional amount to which a retired member employed as a JROTC instructor becomes entitled under 10 U.SC. 2031(d)(1) is the difference between retired or retainer pay and active duty pay and allowances to which entitled if called or ordered to active duty, such amount is neither retired pay nor .active duty pay, rather, is compensation paid to such member in a civilian capacity. As such, recovery by the United States of any erroneous payments of that additional amount may only be waived, if at all, under 5 U.S.C. 5584. This action is in response to a request for advance decision from the Assistant Secretary of Defense (Comptroller) concerning the crediting of basic allowance for quarters (BAQ) to Junior Reserve Officer Training Corps (JROTC) instructors in the cir- cumstances discussed in Department of Defense Military Pay and Allowance Committee Action No. 515, which was enclosed with the request. The questions presented in the Committee Action ares 1. In establishing the rate payable to Junior Reserve Officer Training Corps (JROTC) instructors in overseas areas, may credit for basic allowance PUBLISHED DCITION 55 Comp. GCn........ N11 , q - %

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