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B-164842 1 (1978-06-26)

handle is hein.gao/gaobadgdd0001 and id is 1 raw text is: DECIlION FILE: B-164842 MATTER DIGEST: A 14 a.A4l W )A41Pr imxCOMPTRmOLLER GENERAL 0 w THlE UNI1TED ETATIES K. WABHINQMTCNq D.C. 205403 OATE: June. 26,p 1978 OF: Military Pay and Allowance Committee Action No. 539 A Navy or Marine Corps officer who com- pletes minimum service time requirements for voluntary retirement under 10 U. S. C. 6323(a) in a given month and who is sub- sequently retired for permanent disability (10 U. S.C. 1201 and 1204) in the same month, which date is set by Secretarial action under 10 U. S. C. 1221, may not compute his retired pay under'10 U. S.C. 8323(e) as an any other provision of law alternate method of computing retied pay authorized by 10 U. S.C. 1401. Since be was retired for disability before the earliest date authorized by 10 U. S.C. 6323(at for voluntary retirement, he was not entitlcd to retired pay cimputed under 10 U. S. C. 6323(e) at the time ae retired. This action is in response to a letter dated March 2, 1978, from the Assistant Secretary of Defense (Comptroller) requesting an advance decision concerning the entitlement of a service member to compute retired pay under the provisions of 10 U. S. C. 6323(e) (1976), in the circumstances described in Department of Defense Military Pay and Allowance Committee Action No. 539, enclosed with the request. The question asked is: Is an officer entitled to retired pay computed under 10 U. S. C. 6323(e) in the following circum- stances ? a. .An officer completes 20 years of active service, of which at least 10 years was service as a commissioned officer, on 5 June 1977. b. On 15 June 1977, the above officer is retired for disability under 10 U. S. C. 1201 or 1204 with a 40o disability rating. 11~~ '4~ I Ji

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