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B-173783.191 1 (1976-03-01)

handle is hein.gao/gaobaduuj0001 and id is 1 raw text is: 0. THE COMPTROLLERl GENERAL DECISION 2 *OF THE UNITED STATES 2> FILE: Bl78.q'DATE- MAR i 97 MATER F: First Lieutenant US~AF p3GET Air Force ofticer stationed in Chio accepted Chio notary public appoint- muent apparently in an attemxpt to accept a. civi office for purpose of terminatiug hise military, aernis- stca under t0 U.S. C. 073(b). Although O~hio notary public positionu is a civil office, i view of Chi* cour't decision casting doubt on =ilitary officer's eliglhility for such office and Federal court decisiots in a simiilar case the Comnptroller General finds the =utter too dotzbtM to hold that the officer ham forftited his commission and th'erefore wUl not object to continuing the etficert a military, pay - wWd allowanes. This action iW In remponse to a letter datedi January 23,, 1976 (ERMF). with *=l6sures, froma Captain Wd. V. Starr, UJSAF, Accounting and'Vinanme Officer# fleadqurters Air Force Accounting and zFnne Center, requsting an advance, decision as to the propriety of Daymzent of so-tive duty pay and allowances to First Lietteat USAF$ sub- 5equent to his a-ppontmnet. to a notary public In the State of Ohio. The request was assigned m~ber D0-AP-12U4 by thme Departm~ent of JNtense Military Pay and Allowanat Commidttee and was forwarded to this Wfit* by lHeadqaarters United $ttes Air Forae letter dated January 29, 1976. We have also received letters dated Jauary 15 and I!9, ftoom Lleutenant ccmerning this m:ttr The facts in this case appear to be -as follows. On December 1, 197S, Lieutenant *a Rlegular Air Foree offcer on active duty. wae appoined a Notary Pblic -for the Cetmty of Montgome~ry. 8tatc of Chmio, by'the Governor of that state* Pursusnt to the requirements of Chlo low ietitennt indorsed th~e oath an hls nAotary cowraflssionf smd Wied the qtIsSCoa with the Clerk of tht M*mtgouery Cvitnty Court of Comonc Pleas on Oemember 15, 1971L By letter of that wme date Lietenat advised his oouuanlngoffleer at Wrigl-Ptaktteroow Air roree flaso of his raia.

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