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B-212481 1 (1984-02-02)

handle is hein.gao/gaobadlmz0001 and id is 1 raw text is: DECISION ! FILE: B-212481 MATTER DIGEST: THE COMPTROLLUE GENERAL oP THiE UNITED STATES WASHINGTON. 0.C. 20548 DATE: February 2, 1984 OF: Sergeant First Class Charles J. O'Fearna, USA (Ret.) A retired member of the Armed Forces who becomes a citizen of a foreign country by naturalization and who voluntarily renounces his United States citizenship loses the right to retired pay since entitlement to retired pay depends upon the continuation of the in- dividual's status as a retired member of the military service available for service as required and that status is incompatible with renunciation of United States citizenship. However, such a person who elected to partici- pate in the Survivor Benefit Plan and from whose retired pay the required deductions were being made for coverage under the Plan when he renounced his U.S. citizenship, may continue coverage under the Plan by making the required payments into the Treasury. Former Sergeant First Class Charles J. O'Fearna seeks restoration of his military retired pay which was terminated upon his becoming a citizen of Australia. The question is also raised as to whether Mr. O'Fearna may continue participation in the Survivor Benefit Plan if his retired pay is terminated provided he deposits the amounts in the Treasury which would otherwise be deducted from his retired pay. Retired pay may not be reinstated because a continuing status as a retired member of the Army is not compatible with renunciation of United States citizenship; however, he may continue participation in the Survivor Benefit Plan by making the required payments.1 1 A voucher for payment of retired pay covering the period May 1, 1982, through May 31, 1983, in the amount of $8,278.75 was submitted for consideration by Mr. J. E. Boone, Special Disbursing Agent, U.S. Army Finance and Accounting Center, Indianapolis, Indiana 46249. Since we have concluded that the voucher may not be paid it will be retained in our Office. /23N9c/ tile 'N

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