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B-207370 1 (1983-03-22)

handle is hein.gao/gaobadkyh0001 and id is 1 raw text is: 

                  0   ~   THE COMPTROLLER GENERAuL         ,_
 OECISION               - OF THE UNITED STATES
                          WASHINGTON, 0.C. 20549

                  VNIflV


 FILE: B-207370                DATE: March 22, 1983

 MATTER OF: Colonel James W. Fischer, USAF (Retired)


 DIGEST: 1. An Air Force officer who is removed from
             the temporary disability retired list and
             placed on the active duty list for 1 day
             on the 31st day of the month, and retired
             for years of service the next day is en-
             titled to a full month's retired pay in
             addition to pay for the 1 day of active
             duty.

         2. Retired members of the armed services who
             perform Reserve duty, active or inactive,
             on the 31st day of a calendar month must
             waive 1 day's retired pay (or other com-
             pensation received on account of their
             prior service) in order to be entitled to
             active duty pay or inactive duty pay
             which would otherwise accrue for that
             day. This is required by 10 U.S.C.
             S 684.

     Colonel James W. Fischer, USAF (Retired), was
removed from the temporary disability retired list on
October 30, 1981, because it had been determined that
he was fit for duty. He was placed on the active duty
list on October 31, 1981, and served only I day before
being retired for years of service on November 1. He
is entitled to active duty pay for October 31 even
though he is also entitled to a full month's retired
pay for the 30 days he was on the retired list in
October.

     This decision is in response to a request for
an advance decision from an Accounting and Finance
Officer, Air Force Accounting and Finance Center,
and was assigned submission number DO-AF-1392 by the
Department of Defense Military Pay and Allowance Com-
mittee. The accounting and finance officer questions
the validity of a military pay voucher for I day of
active duty pay which accrued on October 31, 1981.
In addition, a question is asked regarding the pay
entitlement of retirees who are called to Reserve duty,
active or inactive, on the 31st day of a month.


'I ~ -1

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