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B-188344 1 (1977-10-13)

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Department o
Action No. 5

Decision re:
Comptroller


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i34


Defense Military  Pay and
B B-188344. October 13,


Allovance  Committee
1977. 6 pp.


Department   of Defense; by Paul G.  Dembling,
General.


Issue  Area: Personral Management  aud Compensaticn:  Compensation
     (305).
 Contact: Office of the  General Counsel- Military Personnel.
 Budget Function: General  Government: Clantral Personnel
     Management (805); National  Defense: Department  of Defense -
     Military (except procurement  & contrarta)  (051).
 Authority: Department of  Defense Authorization  Act (P.L. 94-106,
     sec. 806; 86 Stat. 931;  88 Stat. 538). 10 U.S.C.  1210. 10
     U.S.C. 1401a(fl. 10 U.s.c. .1202. 10 U.s.c.  1205. 121 Cong.
     Rec. S9928-33. 31 Coup. Gen.  213. 31 Coup. Gen.  215. 38
     Coup. Gen. 268. 38 Coup.  an.  276. DOD Military  Pay and
     Allowance committee Action  No. 534.

          The Assistant Secretary  of Defense,(Ccaptroller)
requested  an advanca decisicn concerning  the application  of the
provisions  of 10 U.S.c. 140la(f) to  members returnd  to active
duty from the  Temporary Disability  Ietired List (TDRL) and later
retired for  years of service or  transferred to the Fleet
Reserve.  Retired pay received by  a member by virtue of the
placement  in a TDRL status is not  retired pay as contemplated  by
10 U.S.C.  140la(f),-A member may use  a date when he was on the
TDRL as a hypothetical  retirment   date in computing his retired
pay under that  provision.  (Author/SC)


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