Effect on Military Status of Acceptance of Employment With City During Terminal Leave Pending Retirement

Military officer who is concerned about the possible impact that a recent ruling of this office (B-162471, August 2, 1977,.56 Comp. Gen,· · ), might have on his military status should he accept employment with the City of Big Spring, Texas, during his terminal leave pending retirement from the Air Force. In view of the sanction imposed by law if the position in question is a State office--loss of military status and thus, retired pay--we believe that Colonel [REDACTED] should be advised that there is considerable risk in his accepting the position prior to his retirement since, on the basis of the facts available, we cannot make a final determination that the position is not a State office.