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B-172318 1 (1976-04-06)

handle is hein.gao/gaobaddqd0001 and id is 1 raw text is: \ THE COMPTROLLER GENERAL DECISIDN (cA OF THE UNITED STATES WASHINGTON, D.C. 20549 FILE: B-172318 DATE: APR 6 1976 ( 1 MATTER OF: Lieutenant Commander George K. Huff, USN, Retired DIGEST: 1. For purposes of establishing employment retention preference (5 U. S. C. 3501(a)(3), and 3502). exemption from reduction in retired pay under the Dual Compensation Act (5 U. S. C. 5532(c)), and full credit for years of military service for annual leave accrual (5 U. S. C. 6303(a)) as a civilian employee of the Federal Government, determinations as to whether a service member's disability retirement from a uniformed service resulted from injury or disease incurred as a direct result of armed conflict or caused by an instru- mentality of war during a period of war can only be made by the uniformed service from which he is retired and neither the employing agency nor this Office has the authority to change that determination. 2. Where a retired service member has sought correction of military records under 10 U. S. C. 1552 and the Correction Board has denied the relief sought, such action is final and conclusive on all offi- cers of the United States and not subject to review by the General Accounting Offic e. This action is in response to a letter, with enclosures, from Lieutenant Commander George K. Huff, USN, Retired, in which he recuests review of the administrative action taken in his case by the Naval Weapons Station, Seal Island, California, which resulted in his military retired pay being reduced, loss of certain leave credits from his civilian employment and the establishment of an indebtedness to the United States in the amount of $5, 451. 81 arising out of the overpay- ment of military retired pay during the period 1967 to 1972. The file in the case shows that the member, who was serving on active duty in the United States Navy during World War II, appeared before a Navy .tetiring Board on September 24, 1943, apparently PUBLISHiED DECTSION 5COrnP. Gxen-.,.. K qqlo

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