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(October 28, 1997)Tj
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(Claimant)Tj
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(Claims Case No. 97040301)Tj
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(DIGEST)Tj
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(An Air Force officer was selected by a Selective Early Retirement Board \
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(\(TRO\) in United States District Court to)Tj
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uary 19, 1994. In February, the TRO was)Tj
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(dissolved as improperly issued, and the Air Force reinstated the January\
1 retirement date. Under 10 U.S.C. \247 638, once)Tj
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(he was selected and the Secretary)Tj
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(counted toward retirement. For the period of)Tj
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(more)Tj
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(This is in response to an appeal of the General Accounting Office's \(GA\
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(of active service. Pursuant to Public)Tj
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(Law No. 104-316, October 19, 1996, 31 U.S.C. \247 3702, which provides f\
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(States, was amended to provide that the Secretary of Defense shall settl\
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(pay, allowances, travel, transportation,)Tj
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(The member entered active duty on January 2, 1968. He was selected for e\
arly retirement by a Selective Early)Tj
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(Retirement Board \(SERB\). Under Special Orders No. AL-000050, dated Oct\
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(was December 31, 1993, with retirement effective January 1, 1994. Thus, \
he retired with 25 years, 11 months, and 29)Tj
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(days of active service--short of the time necessary for the over-26 year\
pay step. In order to delay his retirement, the)Tj
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(member's attorney filed a petition in late December 1993 in United State\
s District Court for a Temporary Restraining)Tj
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(Order \(TRO\). At the same time, he filed a petition with the Air Force \
Board for Correction of Military Records)Tj
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(\(Correction Board\) to reverse the SERB's action. On December 30, 1993,\
the court issued a TRO to prevent his)Tj
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(immediate retirement. In response to the TRO, the Air Force allowed him \
to continue working. On February 3, 1994,)Tj
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(under Special Orders No. AL-000378, his retirement orders were rescinded\
pending legal review. After a hearing, the)Tj
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(District Court issued an order dated February 4, 1994, which dissolved t\
he TRO as improperly issued because the)Tj
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(member had not exhausted his administrative remedies. The court order st\
ated that the member was retired effective)Tj
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(January 1, 1994, although the member's retirement date was deleted from \
an amended court order dated February 8,)Tj
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(1994. Under Special Orders No.)Tj
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(AL-000422, dated February 18, 1994, he was relieved from duty and retire\
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