Protest Involving Involuntary Separation From Active Duty

An Army officer who was involuntarily separated from active duty in 1975 and retroactively restored to duty in 1978 disagreed with the monetary settlement offered to him by the Army for the erroneous separation. The officer stated that he was entitled to the amount offered, but that he was also entitled to additional credits for the loss of military shopping privileges and the use of military recreational facilities. He suggested that since the Army decided that he was entitled to reimbursement for medical expenses incurred during the period of separation, he should be entitled to other military benefits as well. The officer also claimed indemnification for job-hunting and related travel expenses, compensation for having had to work longer hours in his civilian position than he would have in active duty, and compensation for State income taxes which he had to pay on his interim civilian taxes. In addition, he questioned the propriety of subtracting the readjustment pay he received upon separation from the amount due him upon restoration of duty, as well as subtracting his gross civilian earnings as opposed to his net earnings after taxes. It was held that when an Army member has been erroneously separated from active duty and is retroactively restored to duty, he is entitled to retroactive payment of his interim salary and medical expenses. However, he is not entitled to any of the other claims for compensation, and the subtraction of his readjustment pay from the amount due him was proper. While interim civilian earnings do not become a debt owed to the Government upon restoration of duty, their gross amount must be deducted from the retroactive pay and allowances due him. Accordingly, the original proposed settlement appeared to be correct and was returned to the Army for execution.