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B-206133 1 (1983-02-01)

handle is hein.gao/gaobadkvy0001 and id is 1 raw text is: FILE: B-206133 THE C~r.r-Tr-Z'LrE- GENE AL OF THE- UNrITUO STATEB WASHINGTON. D.C. 20548 DATE: FTbruary 1, 1983 MATTER OF: Captain John B. Turpit, USMCR, Retired DIGEST: 1. Reserve officer who is placed on temporary disability retired list with entitlement to retired.. pay after serving over 5 years of con- tinuous active duty is not entitled to readjustment pay. Readjustment pay does not accrue to a Reserve officer who serves over 5 years of continuous active duty if upon release from active duty the member is immediately eligible for retired pay based entirely on his military service which includes retired pay for a member on the temporary dis- ability retired list. 2. During the time a Reserve officer is on the temporary disability retired list, he is not in an active duty status. Therefore, when the member is declared fit for duty and is removed from the retired list, he must begin a new period of 5 contin- uous years of active duty to qualify for readjustment pay. The Disbursing Officer, United States Marine Corps Finance Center, Kansas City, Missouri, requests an ad- vance decision whether Captain John B. Turpit, Marine Corps Reserve, Retired, is entitled to readjustment pay. Since Captain Turpit received disability retired pay based on and immediately following his period of active duty for which he would have qualified for readjustment pay, he is statutorily precluded from receiving readjustment- pay. Background The case was originally forwarded to us in January 1982 by the Department of Defense Military Pay and

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