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B-214584 1 (1984-11-14)

handle is hein.gao/gaobadmac0001 and id is 1 raw text is: f THE COMPTROLLER OENERAL OECISION . O THE UNITED STATES AWASHINGTON. D.C. 20543 Lirr~, FILE: B-214584 DATE: November 14, 1984 MATTER OF: Fraudulently Received Flight Pay DIGEST: An Army officer, who was found to have fraudulently qualified for flight pay and Aviation Career Incentive Pay by sub- mitting falsified flight physical examina- tion records, is not entitled to such pay under applicable statutes and regula- tions. The de facto rule will not be applied to allow retention of flight pay and Aviation Career Incentive Pay received by an officer who fraudulently qualified for such pay. Therefore, collection action should be taken to recover these payments. This decision responds to a request for an advance decision concerning the validity of payments of flight pay and Aviation Career Incentive Pay made to an Army lieuten- ant colonel, and whether collection action should be taken to recover these payments.1/ We find that, in view of the Army's investigation which indicates that the officer fraudulently qualifed for both flight training and flight duty, he was not entitled to receive flight pay and Aviation Career Incentive Pay under applicable statutes and regula- tions. In addition, there is no basis for the extension of the de facto rule to allow the officer to retain the flight pay and A-3tion Career Incentive Pay where he fraudulently qualified for such pay. Therefore, collection action should be taken to recover the amount fraudulently received. FACTS The Army reports that the officer involved received flight pay and Aviation Career Incentive Pay in the total amount of $37,304 during the period of May 22, 1969, through November 13, 1982. The Army has found that the officer 1/ The request for advance decision was submitted by S. Gast, Finance and Accounting Officer, U.S. Army Aberdeen Proving Ground, Maryland. It was assigned submission number DO-A-1432 by the Department of Defense Military Pay and Allowance Committee. C)30514

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