Status of Retired Army Officer With Dual Citizenship

The status of a retired Regular Army officer was questioned because his dual citizenship might possibly require service in a branch of the armed services of a foreign government. This matter was the subject of a decision in which GAO concluded that since he had retained his U.S. citizenship, his retired pay would not be affected by his other citizenship. It was noted that if the retired officer should, in the future, serve in the other government's armed services, his status as a retired Regular Army officer would be doubtful; in the absence of authorizing legislation, retired pay could not be paid. The officer sought a waiver of his service obligation from the other country and believed that the service in question was only Reserve service. It was concluded that required service in the foreign armed services would be incompatible with the officer's obligations as a retired Regular officer subject to the laws and other requirements of his oath of office. In correspondence with a U.S. Senator, the officer indicated difficulty in convincing the foreign government to grant the requested waiver, and that the authorities of this government think that such service does not come within the purview of GAO decision. GAO suggested that the foreign government be provided with a copy of its decision on this matter. Any communication with this foreign government is a matter for the Department of State.