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B-184213 1 (1975-08-31)

handle is hein.gao/gaobadckn0001 and id is 1 raw text is: i THE COMPT6 JLLER GENERAL oECISION .F THE UNITED STATES a WASHINGTON. D.C. 20548 FILE: DATE: JUL 311975 B-184213 7 MATTER OF: Waiver of overpayment of retired pay - Colonel Randall H. Bryant, USA, Retired DIGEST: Indebtedness which arose as a result of overpay- ment of retired pay cannot be waived under the provisions of 10 U.S.C. 2774 when such indebted- ness was discovered July 23, 1969, more than three years prior to October 2, 1972, the date of enactment of Public Law 92-453. This action is in response to a congressional request that we reconsider the application for waiver of indebtedness of Colonel Randall H. Bryant, USA, Retired, based on his letter of April 26, 1975. Waiver of that debt, which arose through the overpayment of retired pay, was denied by the Transportation and Claims Division of this Office by letter of April 11, 1975. The record shows that the member retired from the Army effective May 1, 1965, and has been employed in a civilian capac- ity by the United States Government since January 3, 1966. Under the provisions of 5 U.S.C. 5532(b), a retired officer of any Regular component is entitled to receive the full salary of any Federal civilian office held, but during the period he receives that salary, his retired pay must be reduced so that each year he receives retired pay in an amount equal to the first $2,000 of such pay plus one-half of the remainder. The U.S. Army Finance and Accounting Center discovered that /,Colonel Bryant's retired pay had not been properly reduced and notified him on July 23, 1969, that he had been overpaid in the amount of $15,171.67. On March 10, 1975, Colonel Bryant requested waiver consid- eration under the provisions of 10 U.S.C. 2774 (Supp. II, 1972), as added by Public Law 92-453, October 2, 1972. Since more than three years had elapsed from the date Public Law 92-453 was enacted to the date Colonel Bryant requested waiver of his debt, our Transportation and Claims Division, by letter dated April 11, 1975, denied waiver on the basis of 10 U.S.C. 2774(b)(2). Colonel Bryant contends that his indebtedness should be waived even though his application for waiver was made more than three years after the overpayment was discovered because he was in Vietnam when he learned of the overpayment and was never notified, even after his return, of his right to appeal.

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