B-151118, NOV. 4, 1964

B-151118: Nov 4, 1964

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E. EMRICK: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 29. IT WAS STATED THAT RETIRED PAY WOULD NOT BE PAID BY YOUR OFFICE FOR THE PERIOD " FROM 1 OCTOBER 1962 THROUGH THE CURRENT DATE EXCEPT PURSUANT TO A CERTIFICATION IN THE NAME OF THE COMPTROLLER GENERAL OF THE UNITED STATES.'. APPARENTLY COLONEL ROLLASON IS IN THE CLASS OF RESERVE OFFICERS COVERED BY THE ANSWER TO QUESTION 1A/3) SET FORTH IN OUR DECISION OF JULY 9. IN WHICH HE WAS ADVISED THAT HE WAS SUBJECT TO THE DUAL COMPENSATION RESTRICTION OF THE ECONOMY ACT. SINCE IT APPEARS THAT HE IS COVERED BY THE PROVISIONS OF SUBSECTION 201/G) OF THE DUAL COMPENSATION ACT. YOU ARE ADVISED THAT WE KNOW OF NO REASON WHY AN APPROPRIATE ADJUSTMENT SHOULD NOT BE MADE IN COLONEL ROLLASON'S RETIRED PAY ACCOUNT FOR THE PERIOD FROM OCTOBER 1.

B-151118, NOV. 4, 1964

TO MAJOR G. E. EMRICK:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 29, 1964, RELATIVE TO AN ADMINISTRATIVE REPORT FURNISHED THIS OFFICE CONCERNING RETIRED PAY WITHHELD FROM LIEUTENANT COLONEL RICHARD N. ROLLASON, 0 452 074, RETIRED, BY THE DEPARTMENT OF THE ARMY, UNDER THE PROVISIONS OF SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932, CH. 314, 47 STAT. 406, AS AMENDED, 5 U.S.C. 59A. IN THE REPORT DATED FEBRUARY 19, 1963, IT WAS STATED THAT RETIRED PAY WOULD NOT BE PAID BY YOUR OFFICE FOR THE PERIOD " FROM 1 OCTOBER 1962 THROUGH THE CURRENT DATE EXCEPT PURSUANT TO A CERTIFICATION IN THE NAME OF THE COMPTROLLER GENERAL OF THE UNITED STATES.'

APPARENTLY COLONEL ROLLASON IS IN THE CLASS OF RESERVE OFFICERS COVERED BY THE ANSWER TO QUESTION 1A/3) SET FORTH IN OUR DECISION OF JULY 9, 1962, B-136459, 42 COMP. GEN. 9. SEE OUR DECISION TO HIM DATED APRIL 3, 1963, B -151118, COPY ENCLOSED, IN WHICH HE WAS ADVISED THAT HE WAS SUBJECT TO THE DUAL COMPENSATION RESTRICTION OF THE ECONOMY ACT. HOWEVER, SINCE IT APPEARS THAT HE IS COVERED BY THE PROVISIONS OF SUBSECTION 201/G) OF THE DUAL COMPENSATION ACT, APPROVED AUGUST 19, 1964, PUB.L. 88-448, 78 STAT. 486, SUCH RESTRICTION HAS BEEN REMOVED RETROACTIVELY IN HIS CASE.

ACCORDINGLY, YOU ARE ADVISED THAT WE KNOW OF NO REASON WHY AN APPROPRIATE ADJUSTMENT SHOULD NOT BE MADE IN COLONEL ROLLASON'S RETIRED PAY ACCOUNT FOR THE PERIOD FROM OCTOBER 1, 1962, BY YOUR OFFICE.

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