Alice Daniel, Department of Justice, B-198685 L/M
| Decision Date | 27 May 1980 |
| Docket Number | B-198685 L/M |
| Parties | ALICE DANIEL, DEPARTMENT OF JUSTICE: |
| Court | Comptroller General of the United States |
Attention sara v. Greenberg, Esq. Commercial litigation branch subject ruth E. Webster v. United States court of claims no. 187-80c (file reference ad:dmc:sv greenberg: jj 154-187-80c)
Plaintiff a retired lieutenant colonel of the U.S. Army reserve, seeks to recover all retired pay which was withheld from her by the U.S. Army as a result of her acquiring foreign citizenship. Plaintiff also seeks to have her entitlement to retired pay reinstated.
The portion of plaintiff's claim covering the period January 26, 1978 - October 31, 1978, was the subject of a request for waiver consideration under 10 U.S.C. 2774, to our claims division on October 1, 1979. Settlement certificate no Z-2818281-121, December 28, 1979 (copy enclosed) our claims division waived recovery of plaintiff's indebtedness to the united states resulting from the payment of retired pay during the above period. Thus, plaintiff's claim is moot with regard to the time period before October 31, 1978. Enclosed are copies of documents relating to that determination.
With regard to the retired pay received by a retired reserve officer we have held that the receipt of such pay is based upon his status in an armed force as a member of that organization and loss of that status would terminate a person's right to retired pay. See 41 Comp.Gen. 715, 717 (1962) (copy enclosed). Based upon this premise our view has been that retired reserve officers who receive retired pay by virtue of their continuing military status lose their entitlement to retired pay upon the loss of their united states citizenship. The theory is that acceptance of foreign citizenship which results in the loss of united states citizenship would be inconsistent with their oath as reserve officers and repugnant to a continuation of their status as officers in a reserve organization, ready, standby or retired. See 41 Comp.Gen. 715, 717.
Therefore the issue to be decided is whether plaintiff lost her united states citizenship by becoming a citizen of Australia. In a situation involving a retired regular army officer who was considered to be a dual israeli/united states citizen we held that dual citizenship alone does not require loss of entitlement to retirement pay. See lieutenant colonel thomas E. Snyder, USA, retired, 58 Comp.Gen. 566 (1979), (copy enclosed). For cases...
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