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B-198634 1 (1983-05-25)

handle is hein.gao/gaobadlcj0001 and id is 1 raw text is: DECISION K FILE: B-198634 MATTER OF: DIGEST: ' .THE C iMPTROLLER GENERAL OF THE UNITED STATES WASHINQTON. D. C. 20548 DATE: May 25, 1983 Major General Edwin A. Walker, AUS (Retired) 1. Corrections of military records made pur- suant to actions by boards for correction of military records under 10 U.S.C. S 1552, are final and conclusive on all officers of the United States, except when procured by fraud. Thus, the Comp- troller General does not have jurisdic- tion to review correction board actions in individual cases but must apply the pertinent laws and regulations to the facts as shown by the corrected records to determine the amounts payable as a result of the corrections. 2. An Army officer, after completing over 30 years of active service, who could have retired with retired pay uncondi- tionally resigned from the military in 1961. Subsequently, the Army Board for Correction of Military Records corrected the officer's record to show that he retired in February 1982. His situation falls within the provisions of 10 U.S.C. S 1401a(f) for the computation of his retired pay since he initially retired in 1982 and initially became entitled to retired pay at that time. However, under that section the 1972 basic pay rates (which would be most advantageous to him) in computing his retired pay may not be used because he was not a member of the Army in 1972. Thus, he could not have retired then and had no grade or basic pay rate for use in computing retired pay. Background This action is in response to a request from a dis- bursing officer of the Army Finance and Accounting Center 5- ,21V7 Q ,d -,# /

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