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B-190375 1 (1978-06-13)

handle is hein.gao/gaobadgcs0001 and id is 1 raw text is: .T H A OPIVL 'J.ER GENCi;;AL orEcidioN OF T H 9 U STATES V\AS-IN.JCTDN, 0. C. 2054-8 FILE: .B-190375 DATE:June 13, 1978 MATTER OF: Reserve Members Restored to Duty DIGEST: 1. Army members involuntarily separated from but later retroactively restored to active duty by administrative record correction action (10 U.S.C. 1552 (1970>> thereby become entitled to retroactive payment of military pay and allowances; however, they do not gain entitlement to either reimbursement of legal fees incurred in the matter or damages based on a tort theory of wrongful separation from active duty. 2. In the absence of a mutual nlistake in numerical computation or similar undisputed error which remains' undetected at the time of settlement, acceptance of settlement by an Army member incident to administrative action taken to correct his military records bars the pursuit of further claims by the member against the Government in the matter. 10 U. S. C. 1552(c) (1970). 3. Acceptance of settlement by an Army member - incilent to the administrative correction of his mil:.tary records would not operate to bar his subsequent request for waiver of erroneous payments of military pay and allowances shown as debits to his account in the settlement state- ment; and the gross amount of such erroneous payments could be considered for waiver. 10 U. S. C. 2774 (Supp. II, 1972). 4. Requests for waiver of erroneous payments sub- mitted by Army members retroactively restored to active duty through the correction of. their military records, wi.11 ordinarily be favorably considered only to an extent which will prevent the individual member from having a net indebtedness upon his actual return to duty; however, waiver of further amounts may be granted for leave payments required to be collected but for which due to the statutory leave limit, restoration of the leave cannot be made. PUBLISiED DECISION 57 Compo GCn.

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