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B-224900 1 (1987-02-24)

handle is hein.gao/gaobadmpg0001 and id is 1 raw text is: ZThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. Commander Loyd F. Galyean, USN (Retired) File: B-224900 Date: February 24, 1987 DIGEST A retired Navy officer who was aware of the Dual Compensation Act did not notify the Navy Finance Center when he obtained a civil service position with the Department of Energy. As a result his retired pay was not reduced as it should have been under the Dual Compensation Act, and he was overpaid $26,024.45. Since he should have notified the Navy of his Federal civil service employment, he was not without fault in accepting the resulting overpayments. Such fault precludes favorable consideration of his application to be relieved of his repayment obligations under the provisions of the waiver statute, 10 U.S.C. § 2774. DECISION This action is in response to a request from Commander Loyd F. Galyean, USN (Retired), for reconsideration of our Claims Group's August 15, 1986 denial of his application for a waiver of the claim against him for a refund of overpay- ments of military retired pay he received between 1975 and 1981. It is our view that Commander Galyean is not without fault in this matter, and thus his waiver application was properly denied. BACKGROUND Commander Galyean retired from active service with the Navy in 1967. On July 6, 1975, he began civil service employment with the Department of Energy, and he remained an employee of that Federal agency until April 4, 1981. During the entire period of his civilian employment with the Federal Government he continued to receive full military retired pay, in con- travention of the Dual Compensation Act. As a result, he was overpaid military retired pay in the total aggregate amount of $26,024.45. After the discrepancy was discovered, a claim for a refund of that amount was brought against him. He then applied for a waiver of his repayment obligations.

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