Retired Pay for Military Officer

B-189029: Nov 2, 1977

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Lieutenant Colonel R. J. Withington, FC, Finance and Accounting Officer, U.S. Army Finance Center, requested an advance decision as to the propriety of making payment representing 1 month's difference in retired pay between that of a lieutenant general computed under the October 1, 1973 basic pay rates and that of a major general computed under the October 1, 1972 basic pay rates. The Army officer who was promoted to the grade of lieutenant general on September 1, 1975, and voluntarily retired in that grade on April 1, 1977, could not have his retired pay computed on the premise that he became entitled to retired pay as a lieutenant general on the date of his appointment. He could have his retired pay computed as if he had retired October 1, 1975, but if the active duty basic pay increase effective that day would adversely affect his retired pay, it could be computed on the premise that he retired during September as a lieutenant general.