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B-195625 1 (1980-02-28)

handle is hein.gao/gaobadiap0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WAS H INGTO N , .C . 2054 9 IT T'D FILE: B-195625 MATTER DIGEST: DATE: February 28, 1980 OF: Colonel Elton L. Perrine, USAF (Deceased) Survivor Benefit Plan annuity for the surviving spouse of member who dies while on active duty when otherwise eligible to retire, is computed on grade and years of service as though member retired on the day he died. Computation includes limi- tations on grade for retirement purposes such as the 6-month in grade requirement. However, where a member who was missing in action is determined to have been killed in action, the 6-month in grade requirement does not apply since promotions received while in a missing status are fully effective for all purposes, under 37 U.S.C. 552(a). This action is in response to a reuest for advance decision from the Air Force Accountin and-Finance Center concerning the computation of annuity to be paid under the Survivor BCefit Plan (SBP), 10 'S.C. 1447-1455, to Mrs. Joyce A. Perrine, as widow of the late Colonel Elton L. Perrine, USAF. The matter has been assigned.Control Number DO-AF-1328, by the Department of Defense Military Pay and Allowance Committee. The reported facts are that the member, Elton L. Perrine, who was serving on active duty in the Air Force as a commissioned officer, was reported as missing in action (MIA) in Vietnam on May 22, 1967. While in that status, he was promoted to the permanent grade of lieutenant colonel (0-5), effective April 20, 1977, and to the temporary grade of Colonel (0-6), effective November 1, 1978. On February 6, 1979, his status was changed to killed in action for the purpose of terminat- ing pay and allowances, settlement of accounts and payment of death gratuity. As a result of that action, an SBP annuity account was opened in favor of Mrs. Perrine under the provi- sions of 10 U.S.C. 1448(d), effective February 7, 1979. wo 0

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