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B-234888 1 (1990-07-16)

handle is hein.gao/gaobadntr0001 and id is 1 raw text is: Comptroller General of the United States WashingtoDn D.C. 20548 Decision Matter of: Colonel William C. Doerner, USMC (Retired) File: B-234888 Date: July 16, 1990 DIGEST A Marine Corps Colonel who retired but was immediately recalled to active duty for 1 year is not entitled to have his retired pay recomputed under 10 U.S.C. § 1402(a) to reflect a basic pay rate that became effective during that 1-year period, because the statute requires that a member in such circumstances receive the higher rate of basic pay for a continuous period of 2 years in order to have his retired pay recomputed to reflect the higher rate. DECISION This is in response to a request from the Marine Corps Finance Center for an advance decision regarding the computation of the retired pay of Colonel William C. Doerner, USMC, Retired.l/ For the reasons presented below, we conclude that Colonel Doerner's retired pay currently is being computed at the correct rate. On July 1, 1986, Colonel Doerner was mandatorily released from active duty and transferred to the Retired List with more than 31 years of active service. At the same time, he received orders recalling him to active duty in a retired recall status on July 1, 1986, for a period of 1 year. The Marine Corps computed Colonel Doerner's retired pay based on the basic pay rates that became effective October 1, 1985, which were the rates in effect when Colonel Doerner was placed on the Retired List. Because he was recalled to active duty without a break in service, Colonel Doerner maintains that he is entitled to have his retired pay computed under the rates that became effective January 1, 1987, that is, the rates in effect when his recall ended. 1/ The request has been assigned control number DO-MC-1487 by the Department of Defense Military Pay and Allowance Committee. ~Cjc q ' [4I?

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