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B-175861 1 (1973-06-05)

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         B- 175 6:51                                    June 5o'1973



         We, Harold 14, k za
         !505 Roosevelt DX',ta
         Dothans Alabaa36301
       aDr MrKoxaM1

              Your latter 9f Avril 21), 19730 concerns the l~eduation of yuS
         r:etired va--?.y the Dapartmour, of M~e 11vy incidanE'fo your civlv1inn
         employment--y the Depsrtment; of the  Army*
              This matter Ja the suldwet of our latter to you of April 2, 19730
         twplaining the reacous tfl7 i t %fas nccessary to reduce the amount of your
         Motlred pay. You rtold  )ea,.xhov&za    that your retired pay in not sub-
         jott to the dual compensation rt.ainrictions of 5 U.S.Cq 55:32p It being
         yotir ve that sueh sectou of the code JAbased upon Public Law88-440,
         Tapproved October 19A 1964, it , 17eucted ater your reestab.thed
         e   oyent d    tte of February 24o 19640 Uy ntherefore uh la c  sivsl-
         pliyable to your h ployment o
              As dicated In ouletet      flt of Aprl 12 tha7 record bef3ore,49hows
         thatiou t   e reretd from the U.S. yiavsy ts leutcat by reason of
         J4ttoh  e dOfervice under 1tOn rUa.C632ia Further you wr employed on
         yebrur    t 24, 196s  by thse  Department id the Am as a CS-7 and weceived
         a wthlu grades otof S-7vea 2, 1t4aanclt 7r 1965, sud were proioted to
         S-9 on April 19bl1t965o On yuaye1219y5pnIt was determined tht your
         iiil appointment and subsequent st   l1tmd grade i nt r ease  were illegal
         mte your appoinmet from thibited .c ation 2 of the act o Julo 31,
         1894    asf eipcd,   USC. 62 (198 ed.  That prohibition es ro ved
         by repeal of saction 2 of the act of July 319 1694p effective November 30,
         19640 by section 402(a)(7) of the Dual 0 ,penvation Att, 78 state 4929
         Thereafter the Departmeut ofn         took corrective pera onel action
         to  hov your eployetst ae a GS-7tp oM h, 5eective Deceber I t94,
         and aldv 1,you that the $4.5328 reneivd as a result of the illegal
         appointant and subaequent prm tioun habd greiundeade edently
         thec odbtednus asut dsed at the rate ft 2fh               t a pay proJyy
             on8 aY ,111,u97,   Iv 62L (9'.-86 eiTat acpe.bhat w relmeved
         )u of all liability to repay the o= of $    583.28, a provied that auy
         Tharcollected from you tn dont to th ovrpayei v ouldeon     fundci
         to you* yddtioallysthe law      -,trided hat youe rvcefrt Febary 24,
         t9  nthrouhNoveber 30, 1964p teld be rog$rd2'     ta valid ad creditable



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