[Computation of Retired Pay]

An Army disbursing officer requested an advance decision concerning the application of a statute in computing the retired pay for a retired Army officer. The officer's case was also being litigated in the U.S. Claims Court and was suspended pending a GAO determination. The question considered concerned the proper and most beneficial pay rates available to the officer; specifically whether, assuming the applicability of the statute, October 1972 pay rates may be used even though the officer had no military status at that time. If the statute was not applicable, the question was whether October 1961 rates were available to him. In October 1961, the officer was on active duty. Although he had over 30 years of service in 1961 and was eligible to retire at that time, he chose to resign rather than retire. GAO determined that the statute was applicable and stated further that the officer initially became entitled to retired pay when he was placed on the retired list in 1982. This occurred when he resigned his reserve commission. Regarding the question concerning the 1972 rates, GAO found that in 1972 he was not a member of the Army and, therefore, those more advantageous pay rates were not available to him. The officer had asked that GAO review the Army Board of Corrections' denial of his request to have his records changed to reflect his military status in 1972. However, the Comptroller General does not have jurisdiction to review correction board actions in individual cases. Finally, the Army advised GAO that the 1961 basic pay rates would be least advantageous to the officer. Accordingly, GAO stated that the October 1981 rates should be used in computing his retired pay.