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B-204055 1 (1982-05-17)

handle is hein.gao/gaobadkhm0001 and id is 1 raw text is: bow I B-204055 r- THU COMPTROLLER MNIERAL OF' THE UNITED 5TAtMIU WAQHINGTON, 0,0, SRti4O (DATEi May 17, 1982 MATTER OF; Roy M, Mayberry, Jr. DIOSIST: 1 Af9ular rmy wenliste~dmember serin9g An grade E-5 wAs rised in 1971nb to physical disability Wilae on t retired list ha, acquired civilian trainingas ananesthetistc, In 1977 heAwy oommissi ned an officer In the Army Reserve ard oturned to active duty in the Medical Corps. He then became entitled to active duty pay of the officer gnad o served int, and his entitlemento R-5 disability , retired pay automatically terminated, He did iot remain on active dutyY ong enough to become eligible for.retire- ment based on longevity of service, nor did he incur additional disabili- ties to etablish a new disability retirement. His original retirement orders we'revtill in effect, and he simply reverted to his original disability retirement status un.er those orders Then released from active duty. 2. A retired Army enlisted member who served a year on active duty as a Reserve captain and reverted to his status as a permanently disabled re.red enlisted member (E-5) when teleased from active duty, then again became entitledto his E-5'disabi!ity t 6,tired pay, aesjoriginally computed with approprilite cost-of-living adjust- mets Alternatively,eif it were to hig &dvantage, he was entitled to dit.'ability retired pay recomputed undeL the appropriate statutory forihula contained in 10 U.S.C. 1402, whi h provides certain prescribed methods for the recomputaton of reti.ed pay to reflect active duty performed subsequent to retirement. p 1 1 % DECISION FILE: f I 4,3fi

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