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B-195855 1 (1980-04-01)

handle is hein.gao/gaobadidf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON. D.C. 20548 VN ITED FILE: B-195855 MATTER DIGEST: CATE: April 01, 1980 OF: Service credit in the computation of retired pa V- Uniformed Services University of Health Sciences A member participating in the program at the Uniformed Services University of Health Sciences whose enrollment is terminated prior to graduation but who continues on active duty in another capacity is entitled to credit for that service in determining years of service for retired pay multiplier under 10 U.S.C. § 1405. The Assistant Secretary of Defense has requested our decision as to whether the military service of a member participating in the program at the Uniformed Services University of Health Sciences (USUHS) whose enrollment is terminated prior to gradua- tion is creditable in determining years of service for retired pay multiplier under 10 U.S.C. § 1405. The answer is yes. A factual situation and a discussion of the question is presented in Department of Defense Military Pay and Allowance Committee Action number 546, enclosed with the Assistant Secretary's letter. A Regular officer of the Army was commissioned on June 5, 1968. While serving in the grade of captain, he was discharged from that appointment on October 11, 1976, to accept an appoint- ment as a second lieutenant in the Air Force Reserve, Medical Service Corps, and was ordered to active duty as a USUHS student. He was separated from USUHS on November 27, 1978. On January 11, 1979, his appointment as a second lieutenant, USAFR (MSC), was vacated and he was reappointed as captain, USAFR, line officer, on January 12, 1979. Students at the Health Services University are officers of a uniformed service and serve on active duty in pay grade 0-1 with full pay and allowances of that grade. Certain service credit exclusions specified in 10 U.S.C. § 2126 (1976) are applicable to students at the University. See 10 U.S.C. 9 2114(b) (1976). Section 2126 of title 10, United States Code, provides that service of a member enrolled in the program shall not be counted z9e

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