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B-153784 1 (1976-06-26)

handle is hein.gao/gaobadcgu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WAS H IN GTON. D. . 20549 FILE: D153784 DATE: JUN 2 6 1975 MATTER O: Retired grade of rear admirals retired under 10 U.S.C. 6394 DIGEST: Several rear admirals, both upper and lower half, are to be mandatorily retired under provisions of 10 U.S.C. 6394 on July 1, 1975, and as a result of retirement of rear admirals (upper half) on that date, some retiring rear admirals (lower half) would be entitled to basic pay as a rear admiral (upper half) in accordance with 37 U.S.C. 202, if considered to be serving on active list subsequent to the retirement of the rear admirals (upper half). These rear admirals are not entitled to com- pute retired pay on basis of rear admiral (upper half) since they also are to be manda- torily retired on July 1, 1975, and as a result will not be serving in that grade on the active list on that date. - This action is in response to letter dated June 13, 1975, from the Secretary of the Navy, requesting an advance decision concerning the proper rate of pay to be used in computing the retired pay of certain rear admirals (lower half) who are to be mandatorily retired effective July 1, 1975. The Secretary states that a board which convened in Novem- ber 1974 under the provisions of 10 U.S.C. 6394, recommended that several officers in the grade of rear admiral be retired and that this recommendation was approved on December 4, 1974. The Secretary also indicates that the date of mandatory retire- ment for these officers is July 1, 1975, in accordance with 10 U.S.C. 6394(f). It is noted that four of these officers are rear admirals (lower half) who, if deemed to be on the active list on July 1, 1975, would be entitled to be advanced to the pay grade of rear admiral (upper half), before actual retirement as a result of the other retirement actions effective on that date. It is indicated that prior administrative procedur for retirements under 10 U.S.C. 6394 has been accomplished in a DECISION S p. Gen..........

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