Department of Defense Military Pay and Allowance Committee Action No. 534

The Assistant Secretary of Defense (Comptroller) requested an advance decision concerning the application of the provisions of 10 U.S.C. 1401a(f) to members returned to active duty from the Temporary Disability Retired List (TDRL) and later retired for years of service or transferred to the Fleet Reserve. Retired pay received by a member by virtue of the placement in a TDRL status is not retired pay as contemplated by 10 U.S.C. 1401a(f). A member may use a date when he was on the TDRL as a hypothetical retirement date in computing his retired pay under that provision.