Entitlement to Active Duty Pay and Allowances While Acting as Notary Public

B-173783.149: Oct 9, 1975

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A decision was requested regarding an Air Force officer's right to receive active duty pay and allowances while acting as a notary public for the State of Colorado. According to statute, regular military and civil offices are incompatible as a matter of law, and the office of notary public in Colorado is a civil office. However, since substantial doubt exists concerning the officer's notary public status and since he admittedly accepted the appointment for the purpose of terminating his military commission, his military pay and allowances may be continued.