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B-199808 1 (1981-03-23)

handle is hein.gao/gaobadjfp0001 and id is 1 raw text is: 6 OECISION FILE: B-199808 THE COMPTROLLER OENERAL OF THE UNITED STATEB WASHINGTON. 0. C. 205'48 DATE: March 23, 1981 MATTER OF: Colonel William J. Frome, USAF (Retired) DIGEST: A retired Regular officer was overpaid retired pay when payments were not prop- erly reduced under the provisions of the Dual Compensation Act, 5 U.S.C. 5532, after he was advised by his agency that an exemption to the requirements of this law would not be granted. His failure to pursue the matter makes him at least partially at fault in the matter so as to preclude waiver of erroneous payments. Colonel William J. Frome, USAF, (Retired) is appealing the action of our Claims Division which denied waiver of his debt to the United States, in the amount of $23,273.84. (The debt arose due to the failure of Air Force personnel to make deductions from his retired pay in accordance with 5 U.S.C. 5532 (1976), while he was employed as a dental surgeon in a civilian capacity with the Federal Government.\ The denial of waiver must be sustained. LSubsequent, to his retirement from the Air Force, Colonel Frome accepted a career-conditional appointment on March 18, 1975 with the National Aeronautics and Space Administration (NASA) at the Johnson Space Center. _The Air Force Accounting and Finance Center requested information from NASA concerning his employment and whether he was exempt from the dual compensation provisions-of 5 U.S.C. 5532. The infor- mation that he was not exempt was furnished to the Finance Center by NASA, on May 21, 1975, however, through administrative error by Air Force personnel the information was not applied to his retired pay account and the error was not discovered until April 1978. As a result his retired pay was not reduced_ in accordance with 5 U.S.C. 5532 from March 18, 1975, the date- of his appointment until April, 1978, resulting in overpayments of $23,273.84.-7 Under 5 U.S.C. 5532 (1976)-the retired pay of a Regular officer of the uniformed services must be reduced while he is employed by the Federal Government.- Subsection (d) of the provision authorizes the Administrator of NASA to grant exemptions to the retired pay reduction under certain circumstances. ~-~ 9(71 -7 Ll L-1 z-1 -1

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