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B-203401 1 (1982-03-18)

handle is hein.gao/gaobadkdv0001 and id is 1 raw text is: 9,', MrEcIGIOrN t A A -TH1i CoIMPTr4oLL.UR c,,mvmENE or: TH , UNITED STATVFS WASHINGTON, 90, 201548 B-203401 DATEi March 18, 1982 MATTER OF: DIGEST; Second Lieutenant John We Sharp, USAF Army warrant officer accepted an appointment as a commissioned officer in the Air Force followin9 his completion of training at the Air Force Officer Training School, Under the revised lanquae of 37 US.C. § 907 he is entitled Lo-saved pay as a warrant officer, notwithstanding the fact that he began officer training 6 days after he was released from active duty in the Army and the fact that he was paid as a staff sergeant while atte:iding officer Training School, This action is in response to a requeast submitted by Lieutenant Colondl L..'T. Howard, Dir..ctor of Account- ing and Finance, Eglin Air Force Base1 Florida, for an advance decision concerning the entitlement of Second Lieutenant John 11. Sharp to saved pay under the pro- visions of 37 U.S.C. § 907(b)(2) (1980). The request was assigned control ntumber DO-AF-1362 by the Department of Defense Military Pay and Allowance Committee. As is explained below, we find that Lieutenant Sharp is entitled to saved pay in accordance with the statutory provision. Lieutenant Sharp was released from active duty in the Army fReserves on Februaty 29, 1980, at the ran% of chief warrant officer (W-3), following which he entered Officer Training School on March 7, 1980. While attend- ing officer Training School, Lieutenant Sharp was paid as a staff sergeant (E-5). Upon completion of his training, he accepted a commission as a second lieutenant in the Air Force effectivs June 6, 1980. The member has requested payment of saved pay under the provisions of 37 U.S.C. § 907(b). Section 907(b) of title 37, #as amended by section 6 of the Military Personnel and Compensation Amendments of 1980, Public Law 96-343, September 8, 1980, 94 Stat. 1123, 1126, provides in pertinent part: (b) A warrant officer who accepts an appointment as a cotmmissioned officer in a - A ..b.q ~ -r *T q*AtP~ - . A FILE;

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