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B-195558 1 (1979-12-14)

handle is hein.gao/gaobadtay0001 and id is 1 raw text is: oLER (A DIGEST- 1- THE COMPTROLLER GENERAL DECISION oF THE UNITED STATES ASHINGTON . N C- 2054 8 1NTi FILE: B-195558 DATE December 14 1979 MATTER OF: , AUS DIGEST: 1. When an Army member is found to have' been erroneously separated from active duty and is retroactively restored to active duty status under the provision of law authorizing the correction of military records, he thereby becomes entitled to retroactive payment of his interim military active duty pay and. allowances, and also to reimbursement of his ascertainable interim medical expenses covering the-period when he was deprived of free military medical care. 10 U.S.C. 1552(c) (1976). 2. An Army member involuntarily separated from but later retroactively restored to active duty by administrative record correction action, may not be reimbursed on account of his being deprived of the use of military con- missaries, exchanges, and entertain- ment facilities during'the interim period, since the value of the privilege of using those facilities cannot be definitely ascertained and reduced to a sum certain. 10 U.S.C. 1552(c) (1976). 3. An Army member's claims for indemnifi- cation for jobhunting expenses and compensation for hardships experienced in civilian employment following-his erroneous separation from active military service, are claims sounding in tort premised on the wrongful acts of Government agents in causing his. severance from military service in ai . ... , .. X'.

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