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B-204404 1 (1981-11-03)

handle is hein.gao/gaobadjwa0001 and id is 1 raw text is: * ~ 4- DECISION FILE: B-204404 klqq s-c) THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: November 3, 1981 MATTER OF: Major Peter J. Mullen, USAF, Retired DIGEST: An Air Force officer who received read- justment pay upon discharge subsequently enlisted and completed 20 years of active duty for retirement. Upon retire- ment, the member's retired pay was with- held until an amount equal to 75 percent of his readjustment pay was recouped as is required under 10 U.S.C. § 687(f). Although the member received a discharge in bankruptcy effective shortly after he retired, this did not entitle him to receive the retired pay withheld under section 687. Deduction from retired pay in the amount of 75 percent of readjust- ment pay is not a debt and, therefore, it is not discharged by an adjudication of personal bankruptcy. This case concerns the effect of a discharge in bank- ruptcy granted a service member on the retired rolls who is not receiving retired pay because of the statutory require- ment that his retired pay be withheld in the amount of 75 per- cent of any readjustment pay he received. The specific ques- tion is whether the amount to be withheld constitutes a debt which is dischargeable in bankruptcy. We find that it is not a debt and hence is not dischargeable in bankruptcy. The question was submitted for an advance decision by the Accounting and Finance Officer, Air Force Accounting and Finance Center, Denver, Colorado. The Department of Defense Military Pay and Allowance Committee approved the submission and assigned it Control Number DO-AF-1370. On July 31, 1975, Major Peter J. Mullen was involuntar- ily released from active duty. Since he met the requirements for readjustment pay under 10 U.S.C. 5 687, he was paid $15,000 at the time of his release. On the day following his involuntary release, he enlisted in the Air Force in the rank of sergeant. With this addi- tional service as an enlisted member, he subsequently completed 20 years of active service and became entitled to retired pay under 10 U.S.C. § 8911. The Air Force correctly determined

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