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B-221416 1 (1986-03-12)

handle is hein.gao/gaobadmfg0001 and id is 1 raw text is: 




                          TH COMPTROLLER GENERAL
D3ECISIONOF. THE UNITEO STATES
                      V W ASHINGTON. D. C. 20548
                 ON ITS


FILE:   B-221416              DATE:   March 12, 1986

MATTER OF:      Major General John L. France, Air
                National Guard

DIGEST:

        A provision of the Department of Defense
        Appropriation Act, 1982, limited the com-
        bined military and civilian compensation
        of National Guard technicians to the rate
        payable for level V of the Executive
        Schedule. The full amount of a National
        Guard officer's combined civilian techni-
        cian salary and military basic pay was
        subject to this limitation, even though
        the officer was on a detail to a state
        government under an arrangement providing
        for partial state reimbursement of his
        technician's salary, since during the
        detail he retained his federal civil ser-
        vice and military status, and his civilian
        salary and military basic pay remained
        obligations of appropriated federal funds.

     The question presented in this matter is whether the
full amount of a National Guard technician's combined civil
service salary and military basic pay was subject to a stat-
utory provision in effect between December 1981 and December
1982 which limited the combined federal military and
civilian compensation of military Reserve technicians to the
rate payable for level V of the Executive Schedule, even
thouqh he was assigned throughout that period to a state
government under an arrangement calling for partial state
reimbursement of his civilian salary.1/ We conclude that
the full amount of his combined civilTan salary and military
basic pay was subject to the compensation limitation.



1/   This action is in response to a submission from the
     Directorate of Military Pay Operations, Air Force
     Accounting and Finance Center.


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