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B-230492.2 1 (1990-04-02)

handle is hein.gao/gaobadnsm0001 and id is 1 raw text is: i~~i; A) The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. claim of Rhonda J. Spier File: B-230492.2 Date: April 2, 1990 DECISION This is in response to Rhonda J. Spier's appeal of a Claims Group settlement which granted her separation pay upon her discharge from the Wyoming National Guard. She contends that she is entitled to readjustment pay. For the reasons presented below, Ms. Spier is entitled to either separation pay or readjustment pay, whichever is more favorable to her. Ms. Spier was an enlisted member of the National Guard from June 1980 to October 1985. A determination was made by this Office that she had completed 5 years of continuous active service before her separation and that her release had been involuntary. As a result the Claims Group issued a settlement dated March 21, 1989, which approved payment of separation pay to Ms. Spier under the authority of 10 U.S.C. § 1174(c). She has now appealed that settlement on the grounds that she is entitled to readjustment pay. Prior to the enactment of Pub. L. No. 96-513, December 12, 1980, 94 Stat. 2835, Section 687 of title 10, U.S. Code authorized payment of readjustment pay to members who were involuntarily released from active duty after 5 years of continuous active service. The criteria for entitlement to readjustment pay was similar to that required for separation pay under 10 U.S.C. S 1174(c). The act of December 12, 1980 added section 1174 to title 10 and repealed 10 U.S.C. § 687. However, this act also contained a savings provision which provided as follows: Sec. 631. (a) A member of the Army, Navy, Air Force, or Marine Corps who - (1) was on active duty (other than for training) on the day before the effective date of this Act; and (2) after such date is involuntarily discharged or released from active duty q1/ V6 3

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