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B-227737 1 (1988-10-04)

handle is hein.gao/gaobadnfq0001 and id is 1 raw text is: 


The Comptroller General
of the United States
Washington, D.C. 20548


Decision


           Captain Larry J. Haynes, USMCR - Separation Pay -
Matterof-  Interservice Transfer

File:      B-227737

Date:       October 4, 1988


DIGEST

A Marine Corps Reserve officer on active duty for 5 years or
more who, upon involuntary separation, would be entitled to
receive separation pay, is not entitled to such pay where he
was transferred to the Naval Reserve under 10 U.S.C. S 716
without a break in service. In regard to entitlement to pay
and allowances, his military status is not considered to
have been interrupted, but rather he is considered at all
times to have remained on active duty.


DECISION

Major K. H. Schultz, Disbursing Officer, Marine Corps
Finance Center, requests an advance decision whether former
Captain Larry J. Haynes, U.S. Marine Corps Reserve, was
entitled to receive separation pay upon his interservice
transfer from the Marine Corps Reserve to the Naval Reserve
as an officer. As will be explained below, former
Captain Haynes is not entitled to receive separation pay.L/

BACKGROUND

Following his failure to be selected for placement in the
Regular Marine Corps, Captain Haynes unconditionally
requested to remain on active duty in the Marine Corps
Reserve. His request was denied. He then requested an
interservice transfer to the Naval Reserve pursuant to
10 U.S.C. S 716, and that request was granted.

On March 15, 1987, he was separated from the Marine Corps,
and on March 16, 1987, he entered on active duty as a


1/ The request for decision was forwarded through the
Department of Defense Military Pay and Allowance Committee
which assigned it control number DO-MC-1477.






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