Skip to Highlights
Highlights

USAF: REFERENCE IS MADE TO YOUR LETTER DATED MAY 16. YOUR REQUEST WAS ASSIGNED SUBMISSION NUMBER DO-AF-1297 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE. MAJOR KINSER WAS RETIRED ON MARCH 31. UNDER CLAUSE (3) OF 10 U.S.C. 1405 HE IS ENTITLED TO HAVE INCLUDED IN COMPUTING RETIRED PAY. THE YEARS OF SERVICE TO WHICH HE WAS ENTITLED TO BE CREDITED IN COMPUTING HIS BASIC PAY ON MAY 30. WAS FOUND AT 37 U.S.C. 233 (1958) (NOW 37 U.S.C. 205). FULL TIME FOR ALL PERIODS DURING WHICH MEMBERS WERE "ENLISTED OR HELD APPOINTMENTS *** IN THE REGULAR ARMY RESERVE.". MAJOR KINSER IS ENTITLED TO HAVE HIS REGULAR ARMY RESERVE SERVICE INCLUDED IN THE MULTIPLIER IN COMPUTING HIS RETIRED PAY UNDER 10 U.S.C. 8991.

View Decision

B-190075 L/M, SEP 7, 1978

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL PETER W. KRASKA, USAF:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 16, 1978 (RPTC), REQUESTING A DECISION AS TO WHETHER PAYMENT MAY BE MADE FOR ADDITIONAL RETIRED PAY TO MAJOR WARREN H. KINSER, USAF, RETIRED, BY INCLUDING HIS SERVICE IN THE REGULAR ARMY RESERVE (AUGUST 20, 1938, TO FEBRUARY 1, 1940) IN COMPUTING HIS RETIRED PAY. YOUR REQUEST WAS ASSIGNED SUBMISSION NUMBER DO-AF-1297 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

MAJOR KINSER WAS RETIRED ON MARCH 31, 1959, UNDER 10 U.S.C. 8911, WITH RETIRED PAY COMPUTED UNDER 10 U.S.C. 8991, FORMULA B, USING YEARS OF SERVICE CREDITED TO HIM UNDER 10 U.S.C. 1405. UNDER CLAUSE (3) OF 10 U.S.C. 1405 HE IS ENTITLED TO HAVE INCLUDED IN COMPUTING RETIRED PAY, THE YEARS OF SERVICE TO WHICH HE WAS ENTITLED TO BE CREDITED IN COMPUTING HIS BASIC PAY ON MAY 30, 1958. THE STATUTE PROVIDING FOR YEARS OF SERVICE IN COMPUTING BASIC PAY ON MAY 30, 1958, WAS FOUND AT 37 U.S.C. 233 (1958) (NOW 37 U.S.C. 205), AND INCLUDED IN SUBSECTION 233(A)(2), FULL TIME FOR ALL PERIODS DURING WHICH MEMBERS WERE "ENLISTED OR HELD APPOINTMENTS *** IN THE REGULAR ARMY RESERVE." ACCORDINGLY, MAJOR KINSER IS ENTITLED TO HAVE HIS REGULAR ARMY RESERVE SERVICE INCLUDED IN THE MULTIPLIER IN COMPUTING HIS RETIRED PAY UNDER 10 U.S.C. 8991, FORMULA B.

SINCE MAJOR KINSER'S ACCRUED RETIRED PAY FOR THE PERIOD COVERED BY THE VOUCHER YOU SUBMITTED WAS THE SUBJECT OF SETTLEMENTS ISSUED BY OUR CLAIMS DIVISION WHICH DID NOT INCLUDE CREDIT FOR THE REGULAR ARMY RESERVE SERVICE, WE ARE FORWARDING IT TO THAT DIVISION WITH INSTRUCTION TO ISSUE A SETTLEMENT FOR THE ADDITIONAL AMOUNT DUE.

GAO Contacts