B-159173, JUL. 26, 1966

B-159173: Jul 26, 1966

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WAS RETIRED FROM THE MILITARY SERVICE UNDER THE PROVISIONS OF 10 U.S.C. 8911 AND THAT HE IS RECEIVING RETIRED PAY AS A RESERVIST. IT WAS HELD THAT RETIRED PAY (AS DISTINGUISHED FROM RETAINER PAY) BASED ON SERVICE IN THE NAVAL RESERVE WAS PAYABLE CONCURRENTLY WITH DISABILITY COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT. HINES WAS RETIRED AS A RESERVIST. WE CONCLUDE THAT HE IS ENTITLED TO RECEIVE BOTH HIS RETIRED PAY AND THE DISABILITY COMPENSATION AWARDED HIM FOR THE PERIOD OCTOBER 10 THROUGH NOVEMBER 1. WE HAVE NOTIFIED THE UNITED STATES DEPARTMENT OF LABOR.

B-159173, JUL. 26, 1966

TO DIRECTOR OF ALLOTMENTS AND RETIRED PAY, DEPARTMENT OF THE AIR FORCE:

YOUR LETTER OF JULY 11, 1966, REFERENCE ALRA-3, SHOWS THAT HARRY L. HINES, AO 170 3771, WAS RETIRED FROM THE MILITARY SERVICE UNDER THE PROVISIONS OF 10 U.S.C. 8911 AND THAT HE IS RECEIVING RETIRED PAY AS A RESERVIST.

IN THE TAWES CASE, 146 CT.CL. 500, IT WAS HELD THAT RETIRED PAY (AS DISTINGUISHED FROM RETAINER PAY) BASED ON SERVICE IN THE NAVAL RESERVE WAS PAYABLE CONCURRENTLY WITH DISABILITY COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, 5 U.S.C. 757 (A). SEE ALSO OUR DECISION IN 39 COMP. GEN. 321 AND THE PROVISIONS OF 5 U.S.C. 30R (C). UNDER THE CIRCUMSTANCES AND AS IT APPEARS THAT MR. HINES WAS RETIRED AS A RESERVIST, WE CONCLUDE THAT HE IS ENTITLED TO RECEIVE BOTH HIS RETIRED PAY AND THE DISABILITY COMPENSATION AWARDED HIM FOR THE PERIOD OCTOBER 10 THROUGH NOVEMBER 1, 1959.

WE HAVE NOTIFIED THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF EMPLOYEES' COMPENSATION, 450 GOLDEN STATE AVENUE, BOX 36022, SAN FRANCISCO, CALIFORNIA 94102, TO THE SAME EFFECT.