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W0%.LER Uw
DECISION * .
LN f
FILE:
B-181953
THE COMPTROL..ER GENERAL
OF THE UNITED STATES
WASHINGTON, D. C. 20548
DATE: FEB 19 1975
MATTER OF: Constructive service credits to medical
and dental officers for retired pay com-
DIGEST: putation purposes-
Since 37 U.S.C. 205 only reduces constructive
service credit for professional education of
medical and dental officers by amount of ser-
vice during period of memiber's professional
education with which menber is otherwise
credited and since 10 U.S.C. 1405 restricts
right of officers to count inactive service
after May 1958 for retirement multiplier
purposes, these provisions should be inter-
preted to permit such officer who was in the
Reserves during professional training to
receive the sam~e aount of constructive ser-
vice toward retirement he would be entitled
to had he not been in the Reserves. Hlowever,
any credit he might otherwise have accrued
during the same period by reason of Reserve
membership would not be for use in deter-
mining the multiplier for computation of
retired pay.
This action is in response to a letter dated July 30, 1974,
from the Assistant Secretary of Defense (Comptroller), requesting
an advance decision concerning the interpretation which should be
given to certain provisions of the act of April 30, 1956, ch, 223,
70 Stat. 119, and the act of !-ay 20, 1958, Public Law 85-422,
72 Stat. 122, which relate to the service creditable to certain
mkedical and dental officers for the purpose of computing their
retired pay entitlement.
The Assistant Secretary, states in his letter that the act of
April 30, 1956, sipra, was enacted for the purpose of reversing the
alarning rate of losses among career medical and dental officers of
the Armed Forces. The Assistant Secretary goes on to say that in
order to achieve this, the act provided additional compensation to
such officers through constructive service credits for pay longev-
ity purposes. However, it is stated that section 3[2] of the act
provides that the constructive service credit must be reduced by
PUBLISIED DECISION
54 Comp. Gen...........
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