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B-198751 1 (1981-02-19)

handle is hein.gao/gaobadjda0001 and id is 1 raw text is: DECISION FILE: B-198751 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: February 19, 1981 MATTER OF: Theodore W. Hammer DIGEST: Where retired Regular officer of the uniformed services signs and submits bids as part of employment with contractor doing business with Department of Defense agencies, the officer is selling within the meaning of 37 U.S.C. § 801(c) which prohibits such activity for 3 years after his name is placed on the retired list and is subject to loss of retired pay while so engaged. Ignorance of the law does not pro- vide a legal basis for retention of retired pay during a period of employment prohibited by the statute. This decision is in response to a request from the Department of the Army, Finae and Accounting Center, Indianapolis, Indiana, concerning thepropriety of deductions from t4he-retired pay of Lieutenant Colonel Theodore W. Hanmer, a retired officer -6Y the Regular Army, as recovery of the amount paid from June 4, 1979, to September 28, 1979. The Army contends and we agree that Colonel Hammer's activities as a contract administrator during that period were in violation of 37 U.S.C. § 801(c) (1976) which states: (c) Payment may not be made from any appropriation, for a period of three years after his name is placed on that list, to an officer on a retired list of the Regular Army, the Regular Navy, the Regular Air Force, the Regular Marine Corps, the Regular Coast Guard, the Environmental Science Services Administration, or the Public Health Service, who is engaged for himself or others in selling, or contracting or negotiating to sell, supplies or war materials to an agency of the Department of Defense, the Coast Guard, the Environmental Science Services Administration, or the Public Health Service. Colonel Hammer retired from active duty on June 1, 1979, with over 26 years of service. On June 4, 1979, he began working as a contract administrator for a small electronics firm which derives the majority of its sales volume from supply contracts with Govern- ment activities. On Department of Defense Form 1357, Statement of Employment for Regular Retired Officers, dated September 8, 1979, iPi577

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