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B-195483 1 (1979-11-14)

handle is hein.gao/gaobadhsm0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES W A SH IN G TO N, D.C. 2054 8 FILE: B-195483 DATE: November 14, 1979 MATTER F: Major Irvin J. Huntzinger, AUS, Retired DIGEST: 1. A service member passed a promotion physical examination and was ordered nO promoted to the grade of major effec- tive at a later date. In a later physical examination prior to the pro- motion effective date a disability was found and he was retired for physical disability under 10 U.S.C. 1201, in the grade of captain, as determined under 10 U.S.C. 1372(1). His claim that he should be retired as a major under 10 U.S.C. 1372(3) for retired pay purposes may not be allowed since that provision permits the higher grade only where the disability is found to exist as a result of a promo- tion physical, which was not the case. 2. A service member (captain) passed a promotion physical examination and was ordered promoted to the grade of major effective at a later date. In a later physical examination prior to the pro- motion effective date a disability was found and he was ordered retired. His claim that his retired pay should be based on the grade of major because the medical evaluation board finding that he was medically unfit was improper a because subseauent service examinations found him fit may not be allowed. Under 10 U.S.C. 1216, the Secretary of the service concerned is vested with the powers, functions and duties incident to determining fitness for duty of any member of that service and percentage of disability, and not the GAO. This action is in response to a letter from Major Irvin J. Huntzinger, AUS, Retired, requesting review of the settlement of our Claims Division, dated October 18, -7 -7 A (_J W .4 U11 -/ I I t - f Out

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