[Response to Request for Advance Decision Concerning Recall to Active Duty of Retired Rear Admiral]

The Navy requested a decision as to whether a retired naval reservist was entitled to have her Navy Reserve retired pay recomputed on the basis of the period she served on active duty since the time of her retirement and subsequent recall to active service. GAO found no statutory authority permitting retired military reservists who are recalled to duty and perform active service to be re-retired; however, they are eligible to elect recomputation of their retired pay under the appropriate formula. Accordingly, the reservist was entitled to a recomputation of her retired pay under the same formulas generally applicable to all service members performing periods of active duty following their retirement.