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B-245028.2 1 (1992-06-04)

handle is hein.gao/gaobadobp0001 and id is 1 raw text is: di


      Comptroller Ctneral
      of tie United states
f     Washlnr nn, D.0 20548


Decision


Matter


of:


Chief Warrant Officer
  Claim for Saved Pay


Steven C.


Baker, USAR--


B-24502d.2

June 4, 1992


DIGEST


A captain in the Army
warrant officer, He
level and allowances
does not protect the
accepts a lower grade


Reserve accepted a
is not entitled to
of a captain, since
pay and allowances


position a
continue th
37 U.S.C.
of a member


S
e


a cbief
pay
907
who


DECISION


This is in response to a
Steven C. Baker, USAR, to
previous rank of captain
officer. For the reasons
denied.


claim by Chief Warrant Officer
continue the pay level of his
after his change to chief warrant
presented below, his claim is


Mr. Baker's change in rank occurred in April 1989. He
continued to receive the pay of a captain until
October 1989.   Thereafter, his pay was reduced and
collection of the overpayment was initiated. Mr. Baker
claimr saved pay at his former rank.

The relevant statute, 37 1.S0. § 907(b), addresses pay
issues arising when a warrant officer becomes a commissioned
officer, but not the reverse. 1 Therefore, it does not
address the issues presented here.

The legislative history of 37 U.S.C.§ 907, Pub. L. No. 91-
484 § 1(i), 84 Stat. 1083 (1970), indicates that saved pay
was enacted so that senior enlisted members could accept
warrants or commissions without incurring decreases irn pay


137 U.S.C. X § 907(b) prov'idces that a warrant officer who
accepts an appointment as a cohiissioned officer shall be
paid the greater of (1) the pay and allowances of his
commissioned rank and (2) the pay and allowances of the last
warrant officer grade he held before he accepted the
appointment.


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