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B-184610 1 (1981-07-17)

handle is hein.gao/gaobabkcl0001 and id is 1 raw text is: /Roo COMPTROLLER GENERAL OF THE UNITED STATES ) , WASHINGTON D.C. 20548 In reply refer to: B-184610 July 17, 1981 The Honorable Henry M. Jackson United States Senate Dear Senator Jackson: Further reference is made to your letter of June 11,- 1981, with enclosures, asking us to provide you an opinion whether Mr. Henry Bock is eligible for retired pay for non- regular service under chapter 67 of title 10, United States Code (§§ 1331-1337), based on his service in the Navy Reserve. Mr. Bock and other similarly situated persons were denied eligibility for military retirement pay by the Court of Claims decision of May 9, 1980, Ct. Cl. No. 364-79C, for failure to meet the active duty requirement set forth in 10 U.S.C. § 1331(c). In essence section 1331(c) provides that no person who was a Reserve member before August 16, 1945, is eligible for retired pay under those provisions unless he performed active duty during World War I, World War II, or the Korean Conflict. In your letter you note that Mr. Bock applied for active duty service three times during World War II but was denied active duty status because he had a critical skills job in a defense industry. You have requested an opinion whether his application for active duty was sufficient to meet the aforementioned requirement and thereby entitle him to retired pay. While we have not rendered a decision directly on Mr. Bock's claim for retired pay, we held in 51 Comp. Gen. 91 (1971) that a Reserve member's receipt of written notification that he is eligible to retire under chapter 67 would not entitle him to retired pay if he has not met the active duty requirement of 10 U.S.C. § 1331(c). The decision appears applicable to Mr. Bock regarding the notice he apparently received. As to the issue of whether Mr. Bock's unsuccessful attempts to serve on active duty during World War II would ///O 01 7,643

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