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B-206107 1 (1983-02-01)

handle is hein.gao/gaobadkwc0001 and id is 1 raw text is: c THE COMPTROLLER GENERAL DECISION . - A OF THE UNITED STATES o ~ WASHINGTON. 0. C. 20548 FILE: B-206107 DATE: February 1, 1983 MATTER OF: Airman First Class Edward H. Gallaher, USAF Retired DIGEST: 1. Erroneous payments of basic pay should not be included in the computation of a service member's retired pay base for purposes of computing his retired pay entitlement under 10 U.S.C. 1407. Although that statute provides that retired pay base will be computed on basic pay received over a period of months of active duty, that is construed to mean only basic pay the member was legally entitled to receive. 2. A service member's retired pay base, upon which his retired pay is com- puted, is an average of basic pay he *received on active duty over a period of months. Reductions in the basic pay received because of forfei- tures and demotions must be included in computing the pay received to determine the retired pay base. 3. A period of unauthorized absence,for which a service member forfeits pay, generally should not be included in com- puting the member's retired pay base unless such period may also be inclded in the member's years of service and thus the percentage multiplier (2-1/2 percent per year) used in computing retired pay. 4. Cost-of-living adjustments to military retired pay under 10 U.S.C. 1401a(b) which are based on the periodic cost-of- living adjustments made in Civil Service annuities also apply to military retired pay computed on the new retired pay base system provided for by 10 U.S.C. 1407. 5. Partial cost-of-living adjustments under 10 U.S.C. 1401a(c) and (d) made in p.-' *~ - -;

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