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B-204267 1 (1982-03-19)

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B-204267


DATEI


March 19, 1982


MATTER
    t

DIGEST:


OF:


Captain
Colonel


Bruce A. Harlow, USN, and
Raymond W. Edwards, USMC


The Defense Otficer personnel Management
Act, public Law 96-513, repealed a statute
autborizng. enhanced pay for officers
serVihgas Asistant Judge Advocates
General of the Navy, Althohgh that Act
contained various transitional provisions
protecting the pay of individuals against
riduction as a resuilt of enactment, no
LpecifiCiprovision related to the pay Qf
these individuals, The general savings
provision in the Act relates, as applicable
here, to rights which have matured. These
officers had no matured right to continua-
tion of their pay at the enhanced rate.


     This action is in response to correspondence received
from the Acting Secretary of the NaVy, who requests our
decision on the-question of whethe. Ca.ptain Bruce A.
Harlow, USN, and Colonel Raymond W9 Edwrds, USMC, have
retained the right to basic pay at the v'ate prescribed for
pay grade 0-7 while continuing to serve eCs Assistant Judge
Advocates General of the Navy durJng peri'ds after Septem-
ber 15, 1981, under provisions of the Defezi se Of&ic&r
Personnel Management Act which became effective on that
date. The request has been assigned Control Number SS-N-1367
by the Department of Defense Military Pay and Allowance
Committee.


are
for


We have concluded that Captain Harlow and Colonel Edwards
not, entitled to basic pay computed at the rate prescribed
pay grade 0-7 for periods after September 15, 1981.


     Captain
as Assistant
to September
United States
as follws:


Harlow and Colonel Edwards both began serving
Judge Advocates General of the Navy prior
15, 1981. Subsection 202(1) of title 37,
Code, as in effect prior to that date, provi4


                 (I) Unless appointed to a higher
            grade under another provision of law,
            an officer of the Navy or Marine Corps

                 4o

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STATFS

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