Entitlement of Reserve Member to Nonregular Retired Pay

An advance decision was requested concerning the entitlement of a military member to receive nonregular retired pay under the provisions of applicable statutes. The reported facts showed that the member, by orders dated August 1, 1969 was advised that he fulfilled the service requirements for eligibility to receive retirement pay when he reached 60 years of age. Written communication is required as notice to a member of a Reserve armed force component advising that he has completed the years of service requirement for retired pay at age 60. The notice must be from an authorized activity of the member's service and must use appropriate words to advise him that he has completed the service requirements. Such a notice satisfies the requirements of the statute which invoke the prevention of denial of retired pay due to administrative error. In this case, there was no evidence to show fraud or misrepresentation on the part of the member. Therefore, it appeared that the error made was purely administrative and the resulting situation was of the type Congress sought to prevent by enacting additional legislation preventing denial of retired pay due to administrative error. Accordingly, the claimant is entitled to retired pay, subject, of course, to the adjustment limitation authorized by the applicable statute.