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B-195129 1 (1980-07-10)

handle is hein.gao/gaobactyb0001 and id is 1 raw text is: 4. N f GAO United States General Accounting Office Washington, DC 20548 - - Office of General Counsel 'S %4L 4ef #4 July 10, 1980 In Reply Refer to: 1 0 1-195129 1.4 Colonel Carl F, Johnston, SigC U.S. Army Communications System Agency Project Manager DCS (Army) Communications Systems (DPM-ETS) APO New York 09056 t'A Dear Colonel Johnston: This letter is in response to yours dated May 15, 1930, requesting reconsiderdtion of Comptroller Gneral decision B-195129, April 28, 1980, which con- cerned the monetary settlement to be concluded 4ith you as the result of the action taken by the Army Board for Correction of Military Records to nullify the fact of your retirement in 1974, and to retroactively promote you and restore you to active military service. ohW have also received your letter of May 14, 1980, to the Army Finance and Accounting Center which was forwa ded here by that agency. In the decision it was concluded, among other things, that the amount of earnings you received from civilian sources between June 1975 and January 1977 was deductible from the net amount of active duty military backpay found to be due to you for the period of your invalid Army retirement from September-1974 through February 1977. You say that while you do not agree with the conclusion reached that interim civilian earnings should be deducted in the settlement, you understand that the rule requiring that deduction is in the Government's interest. However, you qutstion whether the rule properly applies equally to Regular as well as Reserve office note that the rule as it decisions on the subject, 57 Comp. Gen. 554 (1978), Army Reserve officers. Y taintj as to whether we w you were a Regular Army o April 28, 1980 decision i earl.ier rs. was 56 af ou ere In that applied i Comp. Gen fctted oni therefore aware of fficer n your 2 decisions concerning when caso, Reserve connection, you .n 2 of our earlier . 587 (1977) and .y a group of express uncer- the fact that we i and ssued our whether officers our should A' I . -- C-.-, 9 (ro U 1 ~4' 3 A a 4 ¶1 A ~

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