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B-190321 1 (1977-10-20)

handle is hein.gao/gaobadueu0001 and id is 1 raw text is: i~ ~669: COMPTROLLER GENERAL OF THE UNITED STATES69 WASHINGTON. D.C. 20348 B-190321 October 20, 1977 The Honorable Lloyd Bentsen 912 Federal Building Austin, Texas 78701 Dear Senator Bentsen: Further reference is-made to your communication received here October.3, 1977, enclosing for consideration and report a letter dated September 22, 1977, to your office from Colonel USAF, Webb. Air Force Base, Texas 79720. Colonel is concerned about the possible impact that a recent ruling of thip/Office (B-162471, August 2, 1977,. 56 Comp. Gen. - ), might'have on his mili- tary status should he accept employment with the City of Big Spring, Texas, during his terminal leave pending retirement from the Air Force. Colonel indicates in his letter that he has tentatively accepted employment with the City of Big Spring, Texas, and plans to assume thoseduties during his terminal leave time. Apparently, the position which he is accepting involves serving in a dual capacity of Assistant City Manager, and Manager, Big Spring Air Industrial Park. He indicates that whatever problem arises would probably involve the posi- tion of Assistant City Manager and that if he is permitted to work for the City during his terminal leave time, he would not be identified to the duties of Assistant City Manager and would not perform any Of those duties until after his actual retirement. Section 973/of title 10, United States Code, which was derived from the act of July. 15, 1870, ch. 294, section 18, 16 Stat. 319, section 1.222, Revised Statutes, currently pro- vides as follows: (b) Except as otherwise provided by law, no officer on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps,or Regular Coast Guard may hold a' civil office by election or appointment, whether under the United States, a Territory or posses- sion, or a State. The acceptance of such a ' 4;.

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