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B-189211 1 (1977-09-08)

handle is hein.gao/gaobadfaw0001 and id is 1 raw text is: THE COMPTROLLER WENSRAL DECISION OP THE UNITED STATUS VWASi NGTON, D. Os48 FILE: -18021 DATE; S 197? MATTER OF VtArinary and Optom try Officers of th Uniformaci Services DIGEST: : 1. Whr a statute is unambiguous and its directions ap tifi, its plain meanink may rIot be altered or xtedd by admrinistrative regulations, nor ma y admniniatrativ r ,gutions be formulated La arn attempt to add to the statute somne- thirng which is nt thereJ. 2. The receipt of information, later established to be erroneous, by one dealing with a Goverrnent oficial, which was relied upon by the recipient to his detriment, does not afford a legal basis for a payment from appropriated funds, since it has long been held that in the absence of specific statutory authority, the United States is not liable for the negliget or erroneous acts of its officers, agents, or employees, even though ommittad in th rforrnane of the ir offi- cil duties. 3. A ser vicea member's entitlement to military pay is dependent upon a statutory right, and neither equitable considerations nor the common law governirg private employment contracts have a place in the determination of entitlement to military pay. 4. There is currently no statutory authority for he payment of special professional pay to hteserve veterinary and optometry officers of th uniformed services who entered on active duty after Juns 30, 1975; henc , such officers are not entitled to special pay not- withstanding any adgainistrative regulations or recruiters' proris s to the contrary. 37 U.S.C. 30303 (Supp. 111, 197 3. 5. B y staitut , heserye service porformtdi by memb:ers participating in the Armed Forces b CC AM HE COPY -COMP GEF

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