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B-204267 1 (1983-03-01)

handle is hein.gao/gaobadkxc0001 and id is 1 raw text is: 3 T 7-/ ( THE COMPTROLLER GENERAL. OECISION . '4' OF THE UNITED STATES WAS H IN TO N. 0. C. 20548 FILE: B-204267 DATE: 1.:7rch 1, 1983 MATTER OF: Colonel Raymond W. Edwards, USMC DIGEST: The Defense Officer Personnel Management Act, Public Law 96-513, repealed a statute that had authorized a Marine Corps colonel to have the basic pay of a brigadier general while serving as Assistant Judge Advocate General of the Navy. Although the Act contained a general savings pro- vision preserving rights that had matured on the date it took effect, matured rights are only those that are enforceable at law. Since service members do not have matured rights to future pay for services not yet performed, the general savings provision did not preserve enhanced pay rights for the colonel under the repealed statute for any future period after the repealing act became effective. Matter of Harlow and Edwards, B-204267, March 19, 1982, affirmed. This action is the result of a request from the Acting Secretary of the Navy for our reconsideration of the conclu- sions reached in Matter of Harlow and Edwards, B-204267, March 19, 1982. The request has been assigned control number SS-N-1367 by the Department of Defense Military Pay and Allowance Committee. We affirm our March 19, 1982 decision. In the decision we determined that 2 officers serving as Assistant Judge Advocates General of the Navy had no continuing right to the basic pay of a Navy rear admiral or Marine Corps brigadier general after September 15, 1981, under provisions of 37 U.S.C. 202(1) which had direqted that: (1) Unless appointed to a higher grade under another provision of law, an officer of the Navy or Marine Corps serving as Assistant Judge Advocate General of the Navy is entitled to the basic pay of a rear admiral. 2-/) 0 4 -7

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