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B-213238 1 (1984-05-09)

handle is hein.gao/gaobadlrn0001 and id is 1 raw text is: .o,4 .W~ TECOMPTROLLER GENERAL DCIIOICN OP THE UNITED STATES *WAHINGTON. 0. C. 20848 FILE: B-213238 DATE: May 9, 1984 MATTER OF: Lieutenant Commander Conrad J. Wigge, USN DIGEST: The monthly pay of midshipmen at the U.S. Naval Academy is not basic pay within the meaning of that term as used in chapter 61 of title 10 and title 37, United States Code. Thus, a Navy officer may not have included in his disability rating for retired pay purposes the percentage of disability existing or incurred while he was a midshipman since such disability was not incurred as a member entitled to basic pay as required by 10 U.S.C. 1201. The percentage of disability of a commissioned officer of the Navy retiring for disability was reduced because the disability was first incurred when he was a midshipman at the Naval Academy. The determination was based on the conclusion that he was not receiving basic pay when he was a midshipman at the Naval Academy. Chapter 61 of title 10, United States Code, pertaining to disability retirement and separation from the armed services requires that a member be receiving basic pay at the time the disability is incurred. We are asked whether the monthly pay of a midshipman at the United States Naval Academy is basic pay for the purposes of chapter 61 of title 10, United States Code.' We conclude that the monthly pay of a midshipman at the Naval Academy is not basic pay, within the meaning of that term as used in chapter 61, title 10, United States Code. The Navy's physical disability evaluation system has determined that Lieutenant Commander Conrad J. Wigge, USN, is physically unfit to perform military duties and qualifies for disability retirement. Although the disability was known to exist while he was a midshipman at the United States Naval Academy, it was not serious enough to prevent 1 The Assistant Secretary of the Navy (Manpower and Reserve Affairs) submitted this request for a decision and it has been assigned control number SS-N-1426 by the Depart- ment of Defense Military Pay and Allowance Committee.

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