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B-193561, APRIL 9, 1979, 58 COMP.GEN. 390

B-193561 Apr 09, 1979
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Highlights

SO LONG AS THE NOTICE IS FROM AN AUTHORIZED ACTIVITY OF HIS MILITARY SERVICE AND USES APPROPRIATE WORDS ADVISING HIM THAT HE HAS COMPLETED THE SERVICE REQUIREMENTS FOR SUCH RETIRED PAY AT AGE 60. ARE LIMITED TO CASES OF DIRECT FRAUD OR MISREPRESENTATION ON THE PART OF THE PERSON TO WHOM THE NOTICE IS SENT. THE STATUTORY EXCEPTIONS HAVE NOT BEEN MET. A SHOWING THAT THE MEMBER POSSIBLY SHOULD HAVE HAD REASONABLE DOUBT AS TO THE PROPRIETY OF THE NOTICE IS INSUFFICIENT TO SERVE AS A BASIS TO DENY ENTITLEMENT TO RETIRED PAY AT AGE 60. IF HE IS OTHERWISE QUALIFIED. L979: THIS ACTION IS IN RESPONSE TO A LETTER DATED NOVEMBER 17. A PERSON WHO RECEIVES NOTIFICATION AS PROVIDED FOR IN 10 U.S.C. 1331(D) (1976) OF ENTITLEMENT TO NON-REGULAR RETIRED PAY FROM THE SERVICE CONCERNED IS ENTITLED TO THAT PAY EVEN THOUGH HE DOES NOT IN FACT HAVE SUFFICIENT SERVICE (20 YEARS) FOR SUCH RETIREMENT.

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