Request for Retired Pay Increase

Review and further consideration were requested of a prior decision in which it was held that a military member was not entitled to have his retired pay increased. The provisions of the law under which the member was authorized to compute his retired pay at the time of his initial retirement in 1963, specifically authorized the 10 percent increase in retired pay for a certified act of extraordinary heroism performed prior to retirement. Had the member been awarded the Soldier's Medal prior to his initial retirement, his retired pay entitlement at this time would have been properly increased by 10 percent. However, the provisions authorizing recomputation of retired pay do not contain language similar to that contained in previous provisions, nor is there any evidence in the legislative history of the new provisions to indicate that an act of extraordinary heroism, if performed during a post-retirement period of active duty, was to be similarly rewarded. GAO recognized the apparent inequity in a situation such as this, where a member in similar circumstances who initially retires is entitled to the additional retirement pay whereas the member in this case, because he was previously retired, was not entitled to that benefit. However, in the absence of a provision authorizing the 10 percent increase, the member's recomputed retired pay may not be so increased.