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B-222860 1 (1986-08-04)

handle is hein.gao/gaobadmkj0001 and id is 1 raw text is: 
                                                         /3&6/3


                         THE COMPTiROLLER G ENENRAL
DECIrION                 OPI THE UNIT1E 1      ETATEK
                         WAUHINGTON, D.C. 20545



FILE;     B-222860             DATE:o August 4, 1986

MATTER OF: Rear Admiral Grace M. Hopper, USNR
             (Retired) (Recalled)
DIGEST:


        10  A statute authorizing military and
            naval reservists who are qualified
            for retirement to be retained in an
            active status and to receive credit
            for all purposes for their subse--
            quent service does not apply to
            reservists who have in fact been
            retired, since retireient ordero are
            not subject to cancellation, and while
            retirees may be recalled to active
            service from retirement they cannot be
            retired and retained on active duty
            simultaneously, Hence, that statute
            provides no authority to permit a
            retired Navy Reserve officer who was
            recalled to duty and who then per-
            formed 19 years' active service to be
            re-retired anew on the basis of that
            additional service.  10 U.S.C. S 676.

        2.  The Congress has enacted legislation
            to delete a statutory directive which
            previously prohibited retired military
            and naval reservists from receiving
            additional retirement benefits for
            active serv.ce performed upon a recall
            to duty, so that a retired Navy
            Reserve officer who was recalled to
            active duty for an extended peciod may
            now elect to have her retired pay
            recomputed, with credit for the added
            service she performed, under the same
            statutory retired pay recomputation
            formulas generally applicable to all
            retired service members who perform
            periods of active duty following their
            retirement.  10 U.S.C. S 1402.

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