GENERAL COUNSEL'S OPINION NUMBER 58-6

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-05844A000100070017-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 1
• Document Creation Date: December 12, 2016
• Document Release Date: August 4, 2000
• Sequence Number: 17
• Publication Date: October 13, 1958
• Content Type: REGULATION

OGC HAS REVIEWED.
Approved For Release 2002/05/06 : CIA-RDP78-05844A000100070017-6
GENERAL COUNSEL'S OPINION NUMBER 58-6, DATED 13 OCTOBER 1958
Retired reservists may receive military retired pay in addition,
to Tederal civilian compensation.
1. Your memorandum of 8 October 1958 inquired as to entitlement of
J. W. to retain salary as an Agency employee and military retired pay
as a Colonel in the Army of the United States.
2. Department of the Army' Special Orders, dated 19 August 1958,
disclose that Colonel J. W., U. S. Army Reserve, was placed on the retired
list as of October. 1958 under the provisions of 10 U.S. Code 3911 after
more than 20 years active Federal service.
3. The Comptroller General in decision B-123382, dated 11 June 1957,
(36 Comp. Gen. 809) held that the Dual Compensation Act (47 Stat. 406, as
amended, 5 U.S.C. (Sapp. IV) 59a (1955)) is not applicable to any retired
reservists after 1 January 1953, the effective date of section 804 of
the Armed Forces Reserve Act of 1952 (66 Stat. 505, 506). Accordingly,
Colonel W. may retain both his Agency salary and his Army retired pay.
LAWRENCE R. HOUSTON
General Counsel
Approved For Release 2002/05/06 : CIA-RDP78-05844A000100070017-6