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B-194278 1 (1979-05-25)

handle is hein.gao/gaobadhgp0001 and id is 1 raw text is: 1. . THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-194 MATTER OF DIGEST: The issue retired Regular in a foreign cc of the foreign forces of the f citizenship wou a military forc Regular retired of the Constitu when a retired military force. 278 r DATE: May 25, 1979 Lieutenant Colonel Thomas E. Snyder, USA Retired 1. A retired Regular Army officer residing in Israel acquired Israeli citizenship by operation of Israeli law, but also remains a United States citizen. While the loss of United States citizenship is inconsistent with status as a retired Regular officer and thus results in loss of status as an officer and loss of entitlement to retired pay, dual Israeli/ United States citizenship alone, does not require loss of entitlement to retired pay. 2. A retired Regular Army officer residing in Israel who has dual Israeli/United States citizenship is subject to service in the Israel Defense Forces, the Israeli armed force. Such service in a foreign armed force by a retired Regular officer appears inherently inconsistent with his position as a Regular Army officer, as well as being prohibited (without congressional consent) by Article I, section 9, clause 8 of the Constitution of the United States. Thus, service in the foreign armed force would make his status as a retired Army officer very doubtful. Retired pay may not be paid to him without authorizing legislation. presented by this case is the effect on a Army officer's retired pay when he lives untry, acquires dual citizenship by operation country's laws, and serves in the armed oreign country.. We conclude that while dual ld not affect retired pay, service in e of the foreign country is incompatible with status as well as contrary to a provision tion. Thus, retired pay must be discontinueC officer becomes a member of the torciyn Pooac- L~ C-%+1'zwhp POO 62

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