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B-213883 1 (1984-05-30)

handle is hein.gao/gaobadlsp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OP THU UNITEO STATES 0WASHINGTON, 0..C. 20548 FILE: B-213883 DATE: May 30, 1984 MATTER OF: Correction of Military Records - Claims Settlements DIGEST: When service members are restored to active duty by the Army Board for Correction of Military Records, backpay claim settlements are by statute to cover all periods of con- structive active duty arising as a result of the correction. The period of construc- tive active duty from the date of the Board's determination to the date of actual restora- tion to duty arises directly from the correction action and, as such, should be included with other periods of constructive active duty covered by the claim settlement, with appropriate deduction of all interim civilian earnings. Hence, claim settlements are to be predicated on the'date of actual restoration to duty rather than the earlier date of the Board's determination. This matter involves Army members who are restored to active duty as the result of proceedings before the Army Board for Correction of Military Records. The issue presented is whether, in those cases, active duty backpay claim settlements under 10 U.S.C. S 1552(c) should be based on the date of the Board's determination or the later date on which the member actually returns to duty.1 We conclude that settlement should be based on the date of the member's actual return to duty. Background On April 30, 1982, the Army Board for Correction of Military Records found that a Reserve first lieutenant had This action is in response to a request for a decision received from Colonel H. H. Gassie, FC, Director, Centralized Pay Operations, U.S. Army Finance and Accounting Center. 0a 00 1

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