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B-187214 1 (1976-09-20)

handle is hein.gao/gaobadcys0001 and id is 1 raw text is: DECISION FILE: B-187214 DATE: SEP 2 0 1976 MATTER OF: Mr. Joseph H. Smyth, Jr. DIGEST: Former enlisted member of Regular Army discharged with over 12 years' service is not entitled to separation pay since statutory -authority for readjustment pay is applicable only to members of Reserve components and severance pay only to com- missioned officers of the Regular Army. This action is in response to a letter dated February 19, 1976, from Mr. Joseph H. Smyth, Jr., appealing our Transportation and Claims Division (now Claims Division).settlement dated March 17, 1975, which disallowed his claim for separation pay following his discharge as a Regular enlisted member in the United States Army. In his letter Mr. Smyth asks for an explanation as to why officers who are released after 5 years of service in the military may receive severance pay to adjust to civilian life while an enlisted man does not. He also requests that this Office issue a favorable decision to him which would entitle him to sub- mit a claim for separation pay under conditions similar to those provided in 10 U.S.C. 687 (1970). The records indicate that Mr. Smyth, while an enlisted member of the Regular Army, was honorably discharged on June 3, 1974, following the expiration of his term of service. At that time he hd over 12 years of active service. Section 687 of title 10,'United States Code, provides for payment of readjustment pay to a member of a Reserve component, either enlisted and commissioned, or a member of the Army or the Air Force without component who is released from active duty under stated conditions. Section 3303 of title 10, United States Code, provides in part, that certain commissioned officers of the Regular Army, i.e., captain through lieutenant colonel, will be discharged with severance pay on failure of promotion. / THE COMPTROLLER GENERAL . OF THE UNITED STATES WASHINGTON. D. C. 20548

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