[Validity of Military Pay Order]

In response to a request from an Air Force accounting and finance officer, GAO rendered an advance decision as to whether a reserve officer is entitled to active duty pay that would result in payment to him of more than 360 days' basic pay for fiscal year 1981. The Air Force had declined to pay the officer for 5 days of active duty during 1981 based on regulations that state that combined active duty and inactive duty training pay for the fiscal year could not exceed pay for 360 days. GAO stated that members of the Armed Forces are entitled to pay based on their military status and grade and, once they have accrued pay, it cannot be taken from them except in accordance with the law. The Secretary concerned prescribes the maximum number of periods performable for pay for each fiscal year and that the amount of compensation payable to a service member depends on how inactive duty training periods were authorized and performed. Accordingly, if otherwise proper, GAO found that the officer may be paid for 355 active duty days and 10 inactive duty days for a combined total of more than 360 days. Although GAO found no applicable provision or regulation which would limit inactive duty training pay under these circumstances, GAO noted that the Air Force might wish to consider the appropriateness of allowing members on active duty for most of a year to perform several periods of inactive duty training when relieved of active duty for a few days.