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B-198751 1 (1982-01-08)

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B-19875 1






The Honorable James J. Ii
House of Representatives


January 8, 1982


oward


Dear  r. Howard;


     We again refer to your letter dated September 11,
1981, requesting a report on an appeal by Lieutenant
Colonel Theodore W. UHaiuier, USA, Retired, of decision
B-198751, February 18, 1981, in which it was ruled that
his post-retirement employment activities violated the
selling prohibition of 37 U.S.C9 801(c)o

     By decision B-198751, dated today, copy enclosed,
we sustained the earlier ruling in his cise.    In the
absence of a showing that Colonel Hammer did not
participate in prohibited selling activities, the
forfeiture of retired pay must be imposed even though
he may not have intended to violate the provision in
question.


     We regret that
constituent was not


a response more
possible in the


favorable to your
circumstances.


   Sincerely yours,

   Sl.             . .

For Comptroller General
   of the United States


Enclbsure


COMPTROLLER GENERAL OF THE UNITED STATES
         WASII|NGTON D.C. 20548


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