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B-184382 1 (1976-03-03)

handle is hein.gao/gaobaddev0001 and id is 1 raw text is: DECISION FILE: B-18438 MATTER OF: 2 DATE: '(AR DOD Pay and Allowance Committee Action No. 517 DIGEST: An officer of the Navy who serves in a position listed under the provisions of 37 U.S.C. 202(i) and is entitled to the highest basic pay of his grade while so serving, upon retirement under the provi- sions of 10 U.S.C. 6323 may compute his retired pay on the basis of the highest rate of pay of that grade if he is retired in that grade in accordance with 10 U.S.C. 6323(c), if he is serving in the position listed in 37 U.S.C. 202(i) at the time of his retirement or if he has been reassigned to another position not subject to that provision. Thi& actionii iS in response to letter dated June 24, 1975, from Assistant Secretary of Defense requesting an advance decision as to whether the retired pay of an officer who retires under the provisions of 10 U.S.C. 6323 while serving in a position listed in 37 U.S.C. 202(i) may be based on the active duty pay of the position in which serving. The specific questions and a discussion pertain- ing thereto are contained in the Department of Defense Military Pay and Allowance Committee Action No. 517, enclosed with the letter. The questions presented in the Comnittee Action are as follows: 1. Mlay the retired under the provisions in a position listed on the rate of basic 37 U.S.C. 202(i)? pay of an officer who retires of 10 U.S.C. 6323 while serving in 37 U.S.C. 202(i) be com-puted pay provided such officer by 2. Would the answer to question one be the same if such officar had vacated the position listed in 37 U.S.C. 202(i) and had served on active duty in another position not listed in such section prior to the date of his retirement? 1976 I? S-2-o THE COMPTROLLER GENERAL OF THE UNITED STATES VWASHINGTON, D.C. 20548 LJ

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