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[Request for Determination on Claim for Navy Disability Pay]

B-213238 May 09, 1984
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Highlights

A decision was requested as to whether the monthly pay of a midshipman at the U.S. Naval Academy is basic pay for the purposes of a Federal regulation which states that disability retirement and separation from the armed services requires that the member be receiving basic pay at the time the disability is incurred. In this case, the percentage of the Naval officer's disability was reduced because his disability was first incurred when he was a midshipman at the Naval Academy. The officer graduated and subsequently performed 9 years of active service as an officer until his condition deteriorated to a disabling degree. The officer contended that the compensation of midshipmen is basic pay and should be considered the same as that received by aviation cadets for the purposes of disability retirement. In addition, he contended that, once an officer is commissioned on active duty, the Federal regulation used by the Navy in its decision has no bearing on disability retirements. GAO found that the monthly pay of midshipmen has never been considered basic pay for disability retirement purposes. Furthermore, aviation cadets are members of the uniformed services for the purposes of disability retirement provisions, while midshipmen are not members until graduation and enlistment. Therefore, GAO found that midshipmen at the Naval Academy do not receive basic pay. Accordingly, the action taken by the Navy to limit the officer's retired pay was sustained.

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