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B-183625 1 (1975-08-20)

handle is hein.gao/gaobadcnt0001 and id is 1 raw text is: TIE CGMPTrPOLLER GENERAL DECISION OF THE UNITED STATES WV ASHINGTON D.C. 20548 FILE: B-183625 [DATE: AUG 2 0 W5 q MATTER OF: Date of retirement of members ordered home to await retirement orders DIGEST: A member who is ordered to his home in an awaiting order status pending action on whether he will be placed on the temporary disability retired list is entitled to active duty pay and allowances for the period he is in that status until delivery of orders notifying him of his retirement or of official advice that he has been retired. We have for consideration a question involving the effective date of retirement of military personnel who have been ordered home to await retirement orders. Specifically, the case presented involves an enlisted member who had comapleted all processing inci- dent to plancement on th;e temporary disability retired list but was ordered home prior to the actual issuance of retirement orders. He departed for name on ptemou 27 and rtirce;ant was said to nave been approved September 29 with an effective date of September 30. Notice of retirment wnas dated October 3, nowever, the me:mber did not receive that notice az his home until ovember 9. The delay in notifying the member us apparently not due to any action he took but resulted from the failure of the service to mail the retirement notice to imn at tne home designated in his orders until sometime after retirement was approved. Subsection 1168(a) of title 10, United States Code provides: (a) A member of an armed force may not be discharged or released from active duty until his discharge certificate or certificate of release from active duty, respectively, and his final pay or a substantial part of that pay, are ready for delivery to him or his next of kin or legal representative. Further 37 U.S.C. 903 provides: A retired member or f ormer member of a uniformed service, or a member of the Fleet

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