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B-219079 1 (1986-04-03)

handle is hein.gao/gaobadmgh0001 and id is 1 raw text is: / 0 THE COMPTROLLER GENERAL ODCISION OP THE UNITED ETATEE WASHINGTON. D. C. 20548 FILE: B-219079 DATE: April 3, 1986 MATTER OF: Robert B. Bolin, M.D. DIGEST: Under applicable statutes and regulations Army medical officers who meet prescribed conditions of eligibility are entitled to special additional pay of $10,000, pro- vided that they agree in writing to remain on active duty for a 1-year period, with the stipulation that an earlier separation from service may be allowed only on grounds of hardship or in the interests of the Army. Consequently, a medical officer is liable to refund a $10,000 payment he received under an agreement he negotiated with his commander which altered this stipulation, since the agreement did not conform to the governing provisions of statute and regulation and was therefore invalid. Entitlement to military pay is dependent upon provisions of statute and regulation, and may not be established through private negotiation. or. Robert B. Bolin questions the correctness of a determination made by the Department of the Army that a 1-year service agreement he executed was invalid, and that as a result he is liable to refund an erroneous payment in the amount of $10,000 which he received based on that agree- ment. In view of the facts presented, we sustain the Army's determination that Dr. Bolin is liable to refund the $10,000 payment. Background Dr. Bolin is a colonel in the Army Reserve. Throughout 1984 he served on active duty at the Letterman Army Insti- tute of Research, San Francisco, California. On June 14, 1984, he submitted a letter of resignation. He subsequently G~55oo~

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