Computation of Retired Pay Incident to Voluntary Retirement for Disability

B-162852: Feb 5, 1976

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An advance decision was requested regarding a claim for adjustment in the retired pay of an enlisted member of the Army. A member who is eligible for voluntary retirement for over 20 years of service and who would be entitled to an increase in retired pay for an act of extraordinary heroism is entitled to the increase since the retired pay computation statute applicable to disability retirements authorizes the computation of retired pay on the basis of the formula most favorable to the member if he is otherwise entitled to compute his retired pay under another provision of law. Retirement and receipt of retired pay under 10 U.S.C. 3914 are separate and distinct from the reserve obligations of that section, and members retired for disability after 20 years' service may receive retired pay computed under the applicable formula even though they are not in the reserve.