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B-222331 1 (1987-06-23)

handle is hein.gao/gaobadmsw0001 and id is 1 raw text is: +ouzR 0# The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Major General Francis R. Gerard, USAFR File: B-222331 Date: June 23, 1987 DIGEST Under 10 U.S.C. § 1331 members of the Reserve who reach age 60 and have the requisite years of creditable service may apply for and receive retired pay. Once a member has been granted retired pay under 10 U.S.C. S 1331, however, he or she may not be retained on active duty or in active service under 10 U.S.C. § 676. DECISION We have been asked to decide whether Major General Francis R. Gerard, a Reserve officer in the New Jersey Air National Guard, may receive retired pay under 10 U.S.C. § 1331 and still maintain an active status by virtue of being retained in an active status under 10 U.S.C. § 676. For the following reasons we conclude that a member who is retained in active service under 10 U.S.C. S 676 may not simultane- ously receive retired pay under 10 U.S.C. § 1331. BACKGROUND Before reaching age 60 and thereby qualifying for retired pay under 10 U.S.C. § 1331, General Gerard was retained in active service by the Secretary of the Air Force under 10 U.S.C. S 676. General Gerard is of the view that, except for those periods when he performs active or inactive duty for which he receives pay, he is entitled to receive retired pay com- mencing when he attained age 60 and simultaneously continue to remain in active service. This view is based on our deci- sions which hold that a member's entitlement to retired pay under 10 U.S.C. § 1331 is not contingent on the member main- taining a Reserve status. It is argued that since a member need not maintain any status in order to receive retired pay for which he has qualified under 10 U.S.C. § 1331, the fact that he is retained in active service under 10 U.S.C. § 676 and continues to receive credit toward the computation of his retired pay should not preclude him from receiving retired pay at the same time. As additional support for this view it

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