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B-207109 1 (1982-11-29)

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D3ECISION


THE COMPTROLLER GENERAL
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FILE:


B-207109


MATTER OF

DIGEST


DATE$November 29, 1982


Air Force Dental Officers


1.  Two Air Force dental officers
    maintained part-time private
    practices in 1979 and 1900, and
    while doing so they accepted
    fees from the Veterans Adminis-
    tration for treating veterans.
    Frequently the veterans came to
    their private offices as
    referrals from their military
    dental clinic, and thqy per-
    sonally made some ofthe
    referrals themselves,  This
    arrangement was improper, since
    it produced a direct financial
    conflict of interest and
    generally had the effect of
    interfering with their actual
    and potential military obliga-
    tions. The arrangement contra-
    vened the established rule that
    in the absence of secific
    statutory authority, any agree-
    ment by an active duty member of
    the Armed Forces for the rendi-
    tion of services to the Govern-
    wient in a civilian capacity is
    to be regarded as legally
    incompatible with the member's
    military duties.

2.  The statutory provisions of
    5 U.s.C. 5534 and C323 author-
    ize a civil employee of the
    Government who is also a
    Reserve of the armed forces to
    receive pay and allowances as a
    Reserve in addition to civilian
    pay, and to have up to 15 days'
    annual military leave from
    civilian employment. Those
    laws were designed to permit
    Government employees to parti-
    cipate in part-time Reserve


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