[Request for Advance Decision Concerning Marine Officer's Entitlement to Retired Pay]

The Marine Corps requested an advance decision regarding the computation of retired pay for an officer who served an additional year of active duty in a retired recall status immediately after his mandatory retirement. The officer contended that he was entitled to computation at the rate that went into effect during his recall service, since he was recalled to active duty without a break in service. GAO held that the applicable regulations required the officer to serve at least 2 years to become eligible for the higher computation rate. Accordingly, the Marine Corps should calculate the officer's retired pay at the preceding rate.