scope:

GENERAL APPLICATION

Retired Pay Based on Military Status

The right to retired pay based on years of active service or disability for Regular or Reserve officers and Regular enlisted personnel, is generally contingent upon the continuation of their military status.

A. Retired enlisted members of Regular Components are still considered to hold an office under the United States within the meaning of that term as used in the constitutional provision quoted in Chapter 5, paragraph 050301 of this volume. Retired Regular officers of the Armed Forces are still in the military service of the United States.

B. While receiving retired pay a retiree remains subject to rules, regulations, and recall to active duty as required. A retired member of the Armed Forces who becomes a citizen of a foreign country by naturalization and who voluntarily renounces his United States citizenship loses the right to retired pay when entitlement to the retired pay depends upon the retiree's continued military status.

C. The effect of a member's loss of United States citizenship upon payment of retired pay must be determined by reviewing each case according to individual circumstances, governing laws and regulations. 060102.

Retired Pay Not Based on Military Status

A A recognized distinction exists between the term "retired" and "entitled to retired pay."

B. It is the law under which a member is retired or becomes entitled to retired pay which governs member's "retired" status and fixes the rights. The award of disability retirement pay to Army of the United States officers under section 5 of the Act of April 3, 1939, did not confer a retired status to such personnel but merely authorized their entitlement to retired pay without relation to continued military status.