[Retired Navy Member's Claim for Basic Retired Pay]

B-237791.2, Sep 6, 1991, Office of General Counsel

DIGEST: As a general rule, laws are effective from the date of their enactment, unless another date is specifically provided. Absent provision for retroactive application, statute enacted December 24, 1974, authorizing credit for service as aviation midshipmen in computation of basic pay, does not entitle former aviation midshipman, retired August 1, 1973, to retroactive recomputation of basic pay and adjustment to retired pay.

Attorneys

Captain          :

This responds to your February 6, 1991 appeal of our Claims Group's decision Z-2866688 regarding the retroactive applicability of Public Law 93-545 to computation of your basic and retired pay.

Upon review of the record, we find no error of law or fact in the Claims Group's decision. As a general rule, laws are effective from the date of their enactment unless another effective date is specifically provided. 34 Comp.Gen. 404 (1955); 38 Comp.Gen. 103 (1958). Therefore, since Public Law 93-545 was enacted effective December 24, 1974 without provision for retroactive application, and you retired on August 1, 1973, this statute has no effect upon your military retired pay. Accordingly, the Claims Group decision is affirmed.

FINDING:

Since the effective date of the statute was December 24, 1974, only individuals who were entitled basic pay subsequent to that date are authorized credit in the computation of their basic pay for earlier service as aviation midshipmen. Since Captain                   was not entitled to basic pay after August 1, 1973, he is not entitled retroactive credit for aviation midshipman service and recomputation of his basic and retired pay.

FACTS:

Captain                   appeals the Claims Group's denial of his claim for the retroactive application of Pub.L. 93-545 to computation of his retired pay. Retired pay is computed as a percentage, based on years of service, times basic pay. Captain                   was an aviation midshipman from 1948 to 1950 and retired from active service on August 1, 1973, under the provisions of 10 U.S.C. Sec.6323. At the time of Capt.                   's retirement, 42 Comp.Gen. 669 allowed crediting aviation midshipman service as years of service towards active duty retirement, but not for the purposes of computing basic pay. Pub.L. 93-545, December 24, 1974, authorized crediting service as an aviation midshipman in 1) computing basic pay under 37 U.S.C. Sec.205; and 2) computing years of service for the purposes of establishing eligibility for retirement from non-active (reserve) service under 10 U.S.C. Sec.1331. Prior to Pub.L. 93-545, there was no authority for crediting aviation midshipman service for reservists' retirement or for computation of basic pay. Captain                   claims that P.L. 93545 should be applied retroactively to recompute his basic pay and his retirement pay. There is no provision in P.L. 93-545 for its retroactive application.

CONCLUSION:

Denial was proper and the Claims Group decision is affirmed.

Subject: Correction of Military Records (B-237791.2) -- Z-2866688

Returned is Claims File No. Z-2866688 and a copy of letter B-237791.2 of today's date, affirming the Claims Group's action.