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B-184557 1 (1975-08-21)

handle is hein.gao/gaobadcnp0001 and id is 1 raw text is: LLER t DECISION * (IT VV FILE: B-184557 MATTER OF: Entitlements officer disc DIGEST: THE COMPTROLLEi- GENERAL OF THE UNITED STATES WASHINGTCN, D.C. 2054e AUG 2 11975 DATE: of Regular commissioned harged under 10 U.S.C. 3814a A Regular Army commissioned officer discharged with readjustment pay in accordance with 10 U.S.C. 3814a may receive travel and trans- portation allowances provided in 37 U.S.C. 404(c), 406(d) and 406(g) for members involun- tarily released from active duty with readjust- ment pay, since the congressional intent was to treat such officers in the same manner as Reserve officers involuntarily released from active duty with readjustment pay. This action is in response to a letterdated July 16, 1975, from the Assistant Secretary of the Army (Manpower and Reserve Affairs) requesting an advance decision on the question whether Regular Army commissioned officers 'discharged with readjustment pay under 10 U.S.C. 3314a (1970), as added by Public Law 93-558, approved December 30, 1974, may select their homes for the purpose of receiving travel and transportation allowances under 37 U.S.C. 404(c), 406(d) and 406(g). That letter was forwarded to our Office by the Per Diem, Travel and Transportation Allowance Committee, and has been assigned PDTATAC Control No. 75-22. The request for decision states that officers discharged in accordance with 10 U.S.C. 3914a do not fit precisely either of the categories listed in 37 U.S.C. 404(c), 406(d) or 406(g), i.e., discharged with severance pay or involuntarily released from active duty with readjustment pay. It further states that while a literal interpretation of the statute would appear to deny such discharged officers any travel and transportation entitlements except to their home of record, it was the Secretary's belief that the act was not intended to be so restrictive. The Secretary asks whether Regular officers discharged with a readjustment payment may be provided the same travel and transporta- tion allrvances based upon home of selection as are provided for Reserve officers involuntarily released from active duty. If our answer is in the affirmative, the Secretary asks whether regulations issued regarding this allowance would have a retroactive effect to cover all cases falling under 10 U.S.C. 3814a. PUBLISHED DECISION 5s Comp. Goo.

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