About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-212684 1 (1984-03-13)

handle is hein.gao/gaobadlos0001 and id is 1 raw text is: I r.- . THE COMPTROLLER GENERAL OUCIOION OP THE UNITED STATES J* 1WASHINGTON. 0. C. 2054U FILE: B-212684 DATE: March 13, 1984 MATTER OF: Kenon D. Shattuck, and others DIGEST: Although 10 U.S.C. 1168(a) provides that a member of an Armed Force may not be dis- charged until his final pay and certifi- cate of discharge are ready for delivery to him, the statute does not operate to invalidate an otherwise proper discharge when both the member and the service intend that and act as if a discharge or separation has occurred even though actual delivery of the discharge document is delayed. The question to be resolved in this case is what is the effect on a Coast Guard member's separation from active duty when his final pay and certificate of discharge are not delivered to him at the time of the separation. Does the individual continue on active duty and is he entitled to pay, allowances and other benefits until he receives the documentation? Under the circumstances presented, there is no effect on the date of separation as a result of the Coast Guard's failure to deliver documentation and final pay.1 The three factual situations presented are as follows. Kenon D. Shattuck was separated from the service for the convenience of the Government on August 28, 1982. His final pay and discharge documentation were mailed to him on Sep- tember 13 and received on September 16, 1982. Michael C. Young was separated at the expiration of his enlistment on January 2, 1981. He did not receive his Certificate of Release or Discharge from Active Duty, DD Form 214, until 1This and related questions as applied to certain factual situations were presented by Mr. E. J. Rowe, an Authorized Certifying Officer of the Coast Guard. The sub- mission has been assigned control number CG-ACO-1424 by the Department of Defense Military Pay and Allowance Committee per agreement with the Coast Guard. As a result of the answer to the general question the related questions need not be answered. The vouchers presented are returned but may not be certified for payment.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most