B-171688, MAR 5, 1971

B-171688: Mar 5, 1971

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MARSHALL SPACE FLIGHT CENTER AND FORMER MEMBER OF THE ARMED FORCES IS BARRED FROM ENTITLEMENT TO SEVERANCE PAY BY THE OPERATION OF 5 U.S.C. 5595 WHICH PROVIDES THAT ANY RETIRED MEMBER OF THE UNIFORMED SERVICES WHO IS ELIGIBLE TO RECEIVE MILITARY RETIRED PAY AT THE TIME OF HIS SEPARATION FROM CIVILIAN GOVERNMENT IS NOT ENTITLED TO RECEIVE SEVERANCE PAY. MARSHALL SPACE FLIGHT CENTER WHICH WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT OF NOVEMBER 3. WERE PLACED ON THE "TEMPORARY DISABILITY RETIRED LIST" AND THEN RETIRED FROM THE AIR FORCE EFFECTIVE NOVEMBER 30. THAT YOU HAVE BEEN IN RECEIPT OF MILITARY RETIRED PAY. SUBSEQUENTLY YOU WERE EMPLOYED IN A CIVILIAN CAPACITY BY THE GEORGE C. WAS TERMINATED ON SEPTEMBER 26.

B-171688, MAR 5, 1971

CIVILIAN EMPLOYEE - DUAL COMPENSATION ADVISING THAT A FORMER EMPLOYEE OF GEORGE C. MARSHALL SPACE FLIGHT CENTER AND FORMER MEMBER OF THE ARMED FORCES IS BARRED FROM ENTITLEMENT TO SEVERANCE PAY BY THE OPERATION OF 5 U.S.C. 5595 WHICH PROVIDES THAT ANY RETIRED MEMBER OF THE UNIFORMED SERVICES WHO IS ELIGIBLE TO RECEIVE MILITARY RETIRED PAY AT THE TIME OF HIS SEPARATION FROM CIVILIAN GOVERNMENT IS NOT ENTITLED TO RECEIVE SEVERANCE PAY.

TO MR. BENNARD M. KOUNS:

YOUR LETTER OF DECEMBER 21, 1970, REQUESTS REVIEW OF YOUR CLAIM FOR SEVERANCE PAY INCIDENT TO THE TERMINATION OF YOUR EMPLOYMENT BY THE GEORGE C. MARSHALL SPACE FLIGHT CENTER WHICH WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT OF NOVEMBER 3, 1970.

THE RECORD INDICATES THAT YOU SERVED AS AN AIR FORCE OFFICER, WERE PLACED ON THE "TEMPORARY DISABILITY RETIRED LIST" AND THEN RETIRED FROM THE AIR FORCE EFFECTIVE NOVEMBER 30, 1962, AND THAT YOU HAVE BEEN IN RECEIPT OF MILITARY RETIRED PAY.

SUBSEQUENTLY YOU WERE EMPLOYED IN A CIVILIAN CAPACITY BY THE GEORGE C. MARSHALL SPACE FLIGHT CENTER, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, BUT AS A RESULT OF A REDUCTION IN FORCE YOUR EMPLOYMENT AS A SPACE SYSTEMS QUALITY CONTROL REPRESENTATIVE, GS-11, WAS TERMINATED ON SEPTEMBER 26, 1970.

IN DECISION B-170176, JULY 20, 1970 (50 COMP. GEN. ), A COPY OF WHICH HAS PREVIOUSLY BEEN FURNISHED YOU, WE CONCLUDED UNDER SECTION 9 OF PUBLIC LAW 89-301, NOW 5 U.S.C. 5595, AS FOLLOWS:

" *** ANY RETIRED MEMBER OF THE UNIFORMED SERVICE WHO IS ELIGIBLE TO RECEIVE MILITARY RETIRED PAY UNDER ANY LAW PROVIDING SUCH PAY FOR MEMBERS OR FORMER MEMBERS OF THE UNIFORMED SERVICES AT THE TIME OF HIS SEPARATION FROM CIVILIAN GOVERNMENT EMPLOYMENT IS NOT ENTITLED TO RECEIVE SEVERANCE PAY*** ."

AS YOU WERE IN RECEIPT OF RETIRED PAY AS A FORMER MEMBER OF THE ARMED FORCES, CLEARLY YOU ARE BARRED FROM ENTITLEMENT TO SEVERANCE PAY BY THE PROVISIONS OF 5 U.S.C. 5595, AND THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION MUST BE SUSTAINED.