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B-197825 1 (1980-02-27)

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GAO
United States General Accountin, Office
Wasnington, DC 20548


Office of
Gtneral Counsel


In Reply
ROer to:


B-197825


Lieutenant  Colonel R,
132 Russwood  Circle
Universal  City, Texas


B. Paschalt


  U3AP


FED 2  1980


'tit


78148


Dear Colonel  Paschal:

     This  is in response  to your letter  of February 12,
1980,  in which you,  in effect, request  a decision of the
Comptroller  General concerning  your status  if you seek
election  to the Schertz,  Cibolo, Universal  City, Texas
Independent  School District  Board of Truntoes,   You say
that the  election will  take place  in April 1980, and ,
that you  plan to retire  in June 1981.   You also say that
you have  boon advised  by your Base Legal  Office that you
are probably  prohibited  from accepting  thuis office by
10 U.S.C.  973(b), which  prohibits any  Regular officer
of the Armed  Forces  from holding civil  office while on
the active  list.


  This  is not a decision  of the Comptroller
the United  States.  The  following may  be of
you.


GOneual
assistance


     Soction  973(b) of  title 10, United  States Code, wh
was der ked  from section  18 of the act  of July 15, 1870
ch. 294,  16 Stat. 319, Section  1222, Revised  Stat;tes,
provides  in pertinent  part:


      (b)no * *        o office
list of  the * * * Regular
may hold  a civil off ice by
appointment,  whether  under
a Territory  or possession,
acceptance  of such a\civil
exercise  of its functions  I


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Air Force  * A *
election  or
the  United  States
or  a State,   The
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by such an  officer
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