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B-168691 1 (1975-07-14)

handle is hein.gao/gaobadclx0001 and id is 1 raw text is: FILE: B-168691 DATE: JUL1 4 1975 MATTER OF: Pay of Assistant Judge Advocates General of the Navy. DIGEST: q2 -73Y7 Court of Claims in Selman v. United States, 204 Ct. Cl. 675 (1972eid that naval officers ordered to serve in positions of Assistant Judge Advocates General are entitled to at least the pay of a rear admiral (lower half) while serving in such positions whether they were detailed or assigned to such positions. Our decision at 50 Comp. Gen. 22 (1970) which determined that such officers were not entitled to pay of rear admiral (lower half) will no longer be followed. Consequently, the successors to the plaintiffs in Selman in the statutorily-created positions are also entitled to receive the pay of rear admiral (lower half). This action is in resoonse to a letter dated April 4, 1975; from the Secretary of the Navy, requesting an advance decision concerning the entitlement of certain naval officers serving in the positions of Assistant Judge Advocates General of the Navy to receive the pay of a rear admiral (lower half). This request was cleared through the Department of Defense Military Pay and Allowance Committee and assigned submission No. SS-N-1231. The Secretary states that the question of the entitlement of Assistant Judge Advocates General of the Navy to receive the pay of a rear admiral (lower half) was previously presented here for determination of entitlement and by our decision, 50 Comp. Gen. 22 (1970), we concluded that entitlement did not exist. The Secretary also states that the question was then taken to the United States Court of Claims and in the case of Selman v. United States, 204 Ct. Cl. 675 (1974), the Court determined, with respect to the plaintiffs named in that action and who were the claimants in 50 Comp. Gen. 22, supra, that they were entitled to the pay of a rear admiral (lower half) while serving in the- statutorily-created positions. The Secretary further states that the Judge Advocate General of the Navy is of the opinion that the successors to the named plaintiffs in the statutorily-created positions of Assistant PUBIJS4iED DECIION. 55 ComP. Gen... DECISION 1 THE COMPTROLLLR GENERAL . * OF THE UNITED STATES WASHINGTON, D.C. 20548

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