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B-198955 1 (1981-04-13)

handle is hein.gao/gaobadjhp0001 and id is 1 raw text is: DECISION FILE: B-19895 MATTER OF: DIGEST: * t THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 DATE: April .13 1981 Rear Admiral Harvey E. Lyon - Waiver of Overpayment of Retired Pay7 Retired naval officer was appointed to civilian position with Energy Research and Development Administration (ERDA), but, due to administrative error, Navy failed to reduce his military retired pay under provisions of Dual Compensa- tion Act, 5 U.S.C. § 5531, et seq. In view of his knowledge of Dual Compensa- tion provisions, his failure to thoroughly question agency officials as to applica- bility of Dual Compensation Act makes him at least partially at fault in the matter so as to preclude waiver of the erroneous payments of retired pay. Rear Admiral Harvey E. Lyon, USN, Retired, requests reconsideration of our Claims Division's determination dated April 29, 1980 (Claim No. Z-2816216), denying his request for waiver of erroneous overpayments of retired pay totaling $54,050.71. For the reasons stated below, we sustain our Claims Division's denial of waiver. Admiral Lyon retired from the Navy on May 30, 1975, and on June 2, 1975, he was appointed to an Executive Management (Excepted) position with the Energy Research and Development Administration (ERDA), where he was em- ployed until January 13, 1979. During that period his military retired pay was not reduced as it should have been under the provisions of the Dual Compensation Act of 1964, 5 U.S.C. §§ 5531, et seq. As a result Admiral Lyon was overpaid retired pay in the total amount of $54,050.71. The report from the Navy states that its administra- tive error in failing to reduce Admiral Lyon's retired pay was the result of the failure of the Navy to receive the personnel action form (SF-50) from ERDA. However, the Navy admits that it received two statements of em- ployment in June 1976, and March 1978, from Admiral Lyon showing his employment with ERDA. The Navy recommends denial of the-request for waiver on the basis that:

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