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B-162852 1 (1980-03-18)

handle is hein.gao/gaobadugs0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES 488 WASHINGT.ON, D.C. 20548 March 18, 1980 B-162852 The Honorable Mark 0. Hatfield United States Senator Post Office Box 732 Salem, Oregon 97308 Dear Senator Hatfield: Reference is made to your letter of January 23, 1980, with enclosures, addressed to the Army Chief of Legislative Liaison, written on behalf of your con- stituent, Master Sergeant , USA, Retired, requesting a review and further consideration of our decision B-162852, March 22, 1973 (52 Comp. Gen. 599), rendered in his case, copy enclosed. In that decision, we held that Sergeant was not entitled to have his retired pay increased by 10 percent based on the award of the Soldier's Medal because the provisions of law under which his retired pay was recomputed (10 U.S.C. 1402), did not authorize such increase. We concluded by saying that while there is an apparent inequity in such a situation, in the absence of specific language in that section, an increase in retired pay for an act of extraordinary heroism which occurred during a period of post-retirement active duty is not author- ized. The salient facts in Sergeant case are that he was retired from the Army in the grade of E-7 in 1963 under the provisions of 10 U.S.C. 3914 with retired pay computed under Formula C of 10 U.S.C. 3991; he was recalled to active duty in 1965; and he was released from that duty in 1972. Upon that release, he became entitled to recompute his retired pay in the manner prescribed by 10 U.S.C. 1402 in the grade of E-8 to which he had been promoted while on active duty during that period. The record shows that he was awarded the Soldier's Medal while performing active duty during that post-retirement period. I

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