[Claim for Restoration of Military Retired Pay]

A determination was requested concerning the restoration of a former Army member's pay which was terminated when he became a citizen of a foreign country. It was further asked whether he could continue participation in the Survivor Benefit Plan if his retired pay was terminated provided he deposited the amounts in the Treasury which would otherwise be deducted from his retired pay. GAO has held that a military retiree is no longer entitled to receive retired pay if he loses U.S. citizenship by acquiring foreign citizenship, because a retired member remains a part of the Army and his right to retired pay is contingent upon maintaining his military status. A person may hold dual nationality and continue to receive retired pay, but one who is voluntarily expatriated is not entitled to it. Since the claimant's retired pay should have been discontinued on the date he became a foreign citizen, he was entitled to no further payments and is in debt for any payments made subsequent to that date. The claimant began participation in the Survivor Benefit Plan while he was still entitled to retired pay. If a person who has elected to participate in the plan has been awarded retired pay and is not entitled to pay for any period, he must deposit in the Treasury the amount that would otherwise have been deducted from his pay for that period. Accordingly, the claimant may continue participation in the plan by making the required payments into the Treasury.