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B-210789 1 (1983-07-06)

handle is hein.gao/gaobadleh0001 and id is 1 raw text is: THE COMPTROLLER OENERAL DECISION OF THE UNITED STATES WASHINQTON. 0. C. 20648 FILE: B-210789 DATE: Jul 6, 1963 MATTER OF: Chief Master Sergeant James M. McCoy, USAF (Retired) DIGEST: The retired pay of a member who was Chief Master Sergeant of the Air Force prior to entering ter- minal leave status, at which time his status reverted to chief master sergeant, and who retired under 10 U.S.C. S 8917 effective Novem- ber 1, 1981, may be computed based on the spe- cial rate for Chief Master Sergeant of the Air Force in effect prior to his commencing terminal leave or on the basis of the grade in which he was serving at the time of his retirement as a chief master sergeant. The question for consideration is whether a former Chief Master Sergeant of the Air Force is entitled to com- pute his retired pay on the basis of the rate of pay for that position at the time of his retirement which followed a period of terminal leave during which another member had been appointed to the position of Chief Master Sergeant of the Air F.erce. His retired pay may be computed on the basis of the special rate of pay he received while occupy- ing that position or on the rate of pay he was receiving at the time of his retirement as a chief master sergeant (E-9). The question was presented by an Accounting and Finance Officer, Headquarters, Air Force Accounting and Finance Center. The request was forwarded to this Office by letter from Headquarters United States Air Force, and has been assigned Air Force Submission No. DO-AF-1414 by the Department of Defense Military Pay and Allowance Committee. The position of Chief Master Sergeant of the Air Force is established under Air Force Regulation 39-2 which provides that the member who is to occupy this position will be selected from the enlisted members of the Air Force under criteria established by the Chief of Staff, and that the tenure of the member is at the dis- cretion of the Chief of Staff. Additionally, while the member is serving in the position he is entitled to a special rate of pay as set pursuant to 37 U.S.C. SS 203 and 1009. The regulation also provides that members who O0-0-

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