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B-225150 1 (1987-05-04)

handle is hein.gao/gaobadmrf0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matter of B-225150 File: Retired Pay Calculation after Retirement Following a Reduction in Grade Date: May 4, 1987 DIGEST Under 10 U.S.C. § 1401a(f), a member of an armed force who retires after January 1, 1971, may have his retired pay calculated on the basis of the pay rates in effect and appli- cable to him at any point in time after he became eligible to retire. A member receives the benefit of this law even if he is reduced in grade, following his eligibility to retire, for disciplinary reasons including a reduction in grade pursuant to a court-martial sentence. See 56 Comp. Gen. 740 (1977). DECISION This decision concerns whether the retired pay of an Air Force member who was reduced in grade pursuant to a court- martial sentence should be computed based on the pay rate of his grade prior to reduction or based on the lower pay rate of the grade to which he was reduced.1/ As will be explained below, the provisions of 10 U.S.C. 5 1401a(f) are applicable under the circumstances described so that the member's retired pay should be computed based on the higher grade he held prior to reduction under the court-martial sentence. BACKGROUND By February 1985, the member concerned had served on active military duty in excess of 20 years and had held the grade of technical sergeant (E-6) for slightly more than the last 1/ The question was presented by the Chief, Accounting and Finance Division, Directorate of Resource Management, Headquarters Air Force Accounting and Finance Center. The matter was approved for submission to us by the Department of Defense Military Pay and Allowance Committee which assigned it number DO-AF-1468. 0,345cC - /32fP/ *1

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