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B-173783.149 1 (1975-10-09)

handle is hein.gao/gaobadusf0001 and id is 1 raw text is: DECISION 40L.LEkt 0. t 7THE COMPTROLLER GENERAL 356 DECISION OF THE UNITED STATES WA HN T N 0. C. P054 FILE: DATE: OCT 9 1975 34173783- 14 MATTER OF: Active duty pay ad allovaces - First Lieutenant , USAF DIGEST: I. 1#habr a position is a 4ivii office witut the m amin of to U.S.C. 973(b) is cot deter- mined by the importance of the duties alm$ or whther the duties can be perovmed by a military offiCr without intrferig with his ...military duties* sine the statutAe s the tw offic4s (1eular militavy and civl) in. cm~petle a s a wtter of law, - 2, Te office .1 notary public in the State of Colorado is a civil office within the meon- IL of 10 U.S.C. 973(b) in that it iS created by le and has certain duties imposed by law which involve so= exerciee of sovereign 3. An Air Force off leer Stationed in Ohio went to Colorado on leave, aCcepted Colonidt A notary public appointment 4aittedly for -+ purpon of temInati his military catissim ierwun 10 U.S.C 973(b)# *nd retutnid to Ohio. It vLw of certin Colorado ctstitution=l N: end statutory provsions an at Federal District Court decision in ivmln case, the Cmtrollr I enal will not object to continulag officer's MilItary pay and aloances since ubs=tantial doubt exists as to his notary public status. This action is in response to a letter dated Jia* 5, 1975, A With enclosures, frm Michael T. Roe, Eq., Dtver, Colorado, - ~ an attorn e prenontIfg First tieutniat 4 , m erni- Lieutenant r right to rweive -active duty p and allowanceas a g tgular officer in the Uited States Air Force. In his letter) Mr. Use. indicates that on Xay 28 1975t Li utemnt - as appointed a Notary Public for the State of Colorado. vich, Mr. Roe indicates, is a civil office, the aceptane of hich he eontends should Luiediately and auto. atically teninate. Lieutenant comission in the Air ram

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