B-155416, DEC. 9, 1964

B-155416: Dec 9, 1964

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RETIRED: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER REQUESTING REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 11. IN THE SETTLEMENT YOU WERE ADVISED THAT THIS OFFICE IS NOT AUTHORIZED TO PAY THE ACTIVE DUTY PAY AND ALLOWANCES CLAIMED FOR THE REASON THAT YOU WERE PLACED ON THE RETIRED LIST WITH RETIREMENT PAY EFFECTIVE OCTOBER 1. YOU WERE RELEASED FROM ACTIVE DUTY ON SEPTEMBER 30. STATES THAT THE DATE OF RETIREMENT IS UNIFORMLY THE FIRST DAY OF THE MONTH FOLLOWING THAT IN WHICH THE INDIVIDUAL IS RELEASED FROM ACTIVE DUTY. DIRECT RELIEF FROM ACTIVE DUTY ON THE FINAL DAY OF THE MONTH AND PLACEMENT ON THE RETIRED LIST * * * ON THE 1ST DAY OF THE FOLLOWING MONTH" AND PROVIDES THAT UNLESS RETIREMENT ORDERS ARE AMENDED OR REVOKED BY THE ADJUTANT GENERAL.

B-155416, DEC. 9, 1964

TO SERGEANT FLOYD BURNETT, USA, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER REQUESTING REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 11, 1964, WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES AS AN ENLISTED MAN IN THE ARMY FOR OCTOBER 1, 1963.

IN THE SETTLEMENT YOU WERE ADVISED THAT THIS OFFICE IS NOT AUTHORIZED TO PAY THE ACTIVE DUTY PAY AND ALLOWANCES CLAIMED FOR THE REASON THAT YOU WERE PLACED ON THE RETIRED LIST WITH RETIREMENT PAY EFFECTIVE OCTOBER 1, 1963.

BY SPECIAL ORDERS NO. 235, HEADQUARTERS, DEPARTMENT OF THE ARMY, DATED SEPTEMBER 24, 1963, YOU WERE RELEASED FROM ACTIVE DUTY ON SEPTEMBER 30, 1963, AND RETIRED FOR LENGTH OF SERVICE EFFECTIVE OCTOBER 1, 1963. SEE 10 U.S.C. 3914. PARAGRAPH 3D, ARMY REGULATION S 635-230, AUGUST 19, 1960, STATES THAT THE DATE OF RETIREMENT IS UNIFORMLY THE FIRST DAY OF THE MONTH FOLLOWING THAT IN WHICH THE INDIVIDUAL IS RELEASED FROM ACTIVE DUTY. PARAGRAPH 15A REQUIRES THAT RETIREMENT ORDERS ,DIRECT RELIEF FROM ACTIVE DUTY ON THE FINAL DAY OF THE MONTH AND PLACEMENT ON THE RETIRED LIST * * * ON THE 1ST DAY OF THE FOLLOWING MONTH" AND PROVIDES THAT UNLESS RETIREMENT ORDERS ARE AMENDED OR REVOKED BY THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, BEFORE THE EFFECTIVE DATE THEREOF, RELIEF FROM ACTIVE DUTY AND RETIREMENT "ARE AUTOMATICALLY EFFECTIVE ON THE DATES GIVEN IN THE RETIREMENT ORDERS.'

RETIREMENT OF A MEMBER OF THE ARMED FORCES TERMINATES HIS ACTIVE SERVICE AND HIS RIGHT TO PAY AND ALLOWANCES AS A MEMBER ON ACTIVE DUTY AT THE END OF THE DAY WHICH PRECEDES THE EFFECTIVE DATE OF HIS RETIREMENT. IN THE ABSENCE OF ORDERS RETAINING HIM ON ACTIVE DUTY AFTER RETIREMENT, HE CAN EARN NO ACTIVE DUTY PAY ON THE DATE ON WHICH HE IS ORDERED TO BE PLACED ON THE RETIRED LIST. NO ORDERS WERE ISSUED TO YOU FOR THE PERFORMANCE OF ACTIVE DUTY ON OCTOBER 1, 1963. THE ORDERS OF SEPTEMBER 24, 1963, PLACING YOU ON THE RETIRED LIST EFFECTIVE OCTOBER 1, 1963, WERE FULLY EXECUTED ON THAT DATE. SINCE THOSE ORDERS WERE ISSUED BY COMPETENT AUTHORITY AND EFFECTED YOUR RETIREMENT IN ACCORDANCE WITH THE APPLICABLE LAW AND REGULATIONS, THERE IS NO ACTION THIS OFFICE MAY PROPERLY TAKE IN THE MATTER. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.