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B-207026 1 (1983-02-28)

handle is hein.gao/gaobadkwz0001 and id is 1 raw text is: THE COMIXTROLLINN SEnSPAt DECISION M OF THE UNITEO STATES WASHINGTON, D.C. 20548 Urr FILE: B-207026 CATE: February 28, 1983 MATTER OF: Major James H. Ackley, USAF, Retired DIGEST: 1. A retired service member has been missing since the civilian plane in which he was flying as an employee of a defense con- tractor disappeared in Southeast Asia in 1973. In the absence of statutory authority similar to the Missing Persons Act, 37 U.S.C. 551-557 which permits continued payments until the member pre- sumed dead by declaration of the Depart- ment of Defense, payment of retired pay may not be made for any period after the last date the member was known to be alive and his retired pay account is to be placed in a suspensestatus until the member returns or-until information is received or judicial action is taken to establish his death and the date of death. 2. A retired member has been missing since the civilian plane in which he was flying as an employee of a defense contractor disappeared in Southeast Asia in 1973. Retired pay payments continued to be sent to the member's bank account (apparently a joint account with his wife) until 1981, when Finance Center first learned of missing status. Since it is not known whether the retired member is dead or alive, payments should be recouped for the period after the last af-e the retired member was known to be alive and credited to his account pending an acceptable determination of his existence .or death. This action is in response to a request for decision from an Air Force Accounting and Finance Officer, relating to the payment of retired pay in the case of Major James H. Ackley, USAF, Retired, who has been reported missing since March 8, 1973. 'We find that retired pay should not have

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