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B-211159 1 (1988-02-19)

handle is hein.gao/gaobadmzq0001 and id is 1 raw text is: r, 0The Comptroller General of the Uited States S Washingwn, D.C. 20548 Decision Matterof. Captain Glenn L. Gaddis, USN (Retired)-- Military Retired Pay--Tower Amendment B-211159 Date: February 19, 1988 DIGEST 1. Military retired oay is adjusted to reflect changes in the Consumer Price Index rather than changes in active duty pay rates, and as a result a retired pay inversion problem arose: service members who remained on active duty after becoming eligible for retirement were receiving less retired pay when they eventually retired than they would have received if they had retired earlier. Subsection 1401a(f), title 10, U.S. Code, commonly referred to as the Tower amendment, was adopted to alleviate that problem, and it authorizes an alternate method of calculating retired pay based not on a service member's actual retirement but rather on his earlier eligibility for retirement. 2. A provision included in the appropriation acts applicable to the Department of Defense in effect between January 1, 1982, and December 18, 1985, prohibited any service member who, on or after January 1, 1982, becomes entitled to retired pay from rounding 6 months or more of service to a full year for purposes of computing retired pay. The Department determined that this prohibition applied to retired pay computations under the Tower amend- ment, 10 U.S.C. S 1401a(f), in the case of service members who retired after January 1, 1982, but who had their retired pay computed on the basis of their eligibility to retire on an earlier date when that prohibition was not in effect. The Comptroller General sustains the Department's determi- rration, in view of the wording of the provision, but notes that reductions in retired pay under the provision should have ceased after it expired in December 1985. DECISION Captain Glenn L. Gaddis, USN (Retired), claims that the Navy has improperly imposed a reduction in his military retired

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