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B-192220 1 (1978-11-17)

handle is hein.gao/gaobadgop0001 and id is 1 raw text is: THE COMPTRA..LER SENERAL DECISIDN . OF THE UNITUO DTATEU WAJHINGTON, 0, C. 20540 DATE: Woveber 17, 1978 MATTER OF: Readjustment Pay Computation DIGEST: An Air Force Reserve officer may not be paid readjustment pay computed on the oasis of the more favorable formula pro- vided in 10 U.S.C. 687 (1976) on the basis that he was separated for homo- sexual tendecies! and not substandard duty performance (which requirey compu- tation on a less favorable formula),when the dir Force records show the authority for his separation as a regulatfon pro- viding for ueparation for substandard duty performance. Separation from the Air Force and the reaaons therefor are within the jurisdiction of the Air Force.. If t..a officer believen the authority given for h,'.s separation is e.,roneous, he may seek to have his record corrected by the Air Force Lndrer 10 U.S.C. 1552 (1976). This decision is in reaponse to a request from Captain 0. C. Seever, USAF,.Accounting and Finance Officer, Little Rock Air Force Base, Arkansas, concerning the propriety of making payment on a:voucher in the amouhtof $4,969.92 to a former Air Force Reserve officer, for additional readjustment pay. The request has been assigned submission No. DO-AF-1296 by the Department of Defense Military Pay and Allowance Committee, Incident to his dascharge from the Air Force the member was paid readjustment pay computed by multiplying his years of service by one-half month's basic pay. He claims additional readjustment pay saying that he is entitled to such pay computed based on two months' basic pay time his years of service. Readjustment pay is authorized by 10 U.S.C. 687 (1976), which provides in pertinent part: (a) Except for members covered by subsection (b), a member of a reserve component * * * who is released from active duty involuntarily * * and who has com- plated, immediately before his release, at least five I___ L. q I FILE: 3-192220

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