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B-217914 1 (1986-06-25)

handle is hein.gao/gaobadmjm0001 and id is 1 raw text is: , -c,' .' - I / , I- 0 THEn COMPTROLLER GENERAL OECISION OF THE UNITED STATES SWASHINGTON. 0.C. 20548 FILE: B-217914 DATE: June 25, 1986 MATTER OF: Reconsideration - Lieutenant Colonel Joseph D. McDonald, USAR, Retired DIGEST: New evidence from a retired service member establishes that at the time he errone- ously executed a form indicating he was not receiving Veterans Administration compensation and during the period he received resulting overpayments of retired pay, his poor health and mental condition made it unlikely that he was aware of hav- ing erroneously executed the form and receiving overpayments. Accordingly, the previous denial of waiver of his debt (B-217914, June 11, 1985) is reversed and waiver is granted. Lieutenant Colonel Joseph D. McDonald, USAR, Retired, seeks reconsideration of our decisionl/ sustaining the action of the Claims Group denying his request for waiver of a debt to the United States. The Claims Group had denied Colonel McDonald's request for waiver of his debt of $26,004.62 to the United States arising from simultaneous payments of Army retired pay and Veterans Administration disability compensation. Based on new evidence, we grant waiver of the debt. As stated in the prior decision, the relevant facts are that: Colonel McDonald has been receiving veterans compensation from May 24, 1957, to present. On August 11, 1975, when he became 60 years old, he became entitled to retired pay under the provisions of 10 U.S.C. S 1331-1337. He received both the Veterans Administration compensation and retired pay from that date until November 1983. In order 1/ Colonel Joseph D. McDonald, USAR, Retired, B-217914, June 11, 1985.

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