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B-201634 1 (1981-06-18)

handle is hein.gao/gaobadjmd0001 and id is 1 raw text is: DECISION FILE: B-201634 THE COMPTRO ER GENERAL OF THE UNITED STATES WASHIN GTON . DC. 20548 DATE: June 18, 1981 MATTER OF: Captain James A. Zimmerman, USNR, Retired DIGEST: 1. Navy officer retired under 10 U.S.C. 6323 may receive credit in the multiplier used in computing his retired pay for the full 57 inactive service points he earned in a year in which he also served on active duty. While on active duty he was in an active status, not an inactive status, and regulations governing the maximum number of points which may be earned require prorat- ing of maximum allowable only on the basis of excluding periods of inactive status. 2. Discrepancies in a Navy officer's service records which make it unclear as to whether he is entitled to retirement credit for 11 days' additional active service is a matter for consideration by the Chief of Naval Personnel or the Board for the Correction of Naval Records. Captain James A. Zimmerman, USNR, Retired, requests review of our Claims Group's settlement, dated September 23, 1980, which disallowed his claim for additional retired pay. By memorandum of May 20, 1975, Captain Zimmerman was informed by the Office of the Chief of Naval Personnel that on November 1, 1976, he would have completed 27 years and 7 months (28 years) of service creditable for retired pay multiplier purposes. On the basis of this statement, he concluded that he would complete 28 years and 6 months (29 years) of creditable service on October 1, 1977. Therefore, he selected September 30, 1977, as his retire- ment date and was retired on October 1, 1977, pursuant to the provisions of 10 U.S.C. 6323 (1976). After receiving his first retirement check, the amount of which was less than he anticipated, Captain Zimmerman consulted the Navy Finance Center. He was informed that his service creditable for retirement multiplier purposes, computed in accordance with 10 U.S.C. 1405, pursuant to 10 U.S.C. 6323, totaled 28 years, 4 months, and 14 days, 6,;, / e7l

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