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B-222852 1 (1987-04-28)

handle is hein.gao/gaobadmrb0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. Gunnery Sergeant Ernesto L. Verdugo, USMC (Retired) - Waiver of Retired Pay File: B-222852 Date: April 28, 1987 DIGEST Retired members of the uniformed services are required by law to waive their military retired pay in an amount equal to any veterans disability compensation they receive. The waiver of military retired pay is to be based on the amount of disability compensation to which the retiree is actually entitled, as determined and paid by the Veterans Administra- tion. Hence, in the case of a retired Marine Corps sergeant who was paid veterans disability compensation at a reduced rate, as adjudicated by the Veterans Administration due to - his concurrent receipt of civil service disability compensa- tion, the waiver of military retired pay is to be based on the reduced rate of the veterans compensation actually paid rather than the full rate that might otherwise have been payable. DECISION The issue presented in this case involves the reduction of the military retired pay of a retired Marine Corps gunnery sergeant on account of his receipt of disability compensation from the Veterans Administration.1/ The question is whether the reduction should be based on the full amount of his veterans disability compensation entitlement, or the lesser amount actually paid to him because of his concurrent receipt of civil service disability compensation for the same dis- abling condition. We conclude that the reduction of his military retired pay should be based on the lesser amount of the veterans disability compensation actually paid. 1/ This action is in response to a request for a decision received from Lieutenant Colonel M. K. Chetkovich, USMC, Disbursing Officer, Centralized Pay Division, Marine Corps Finance Center. The request was forwarded here by the Commandant of the Marine Corps after it was approved and assigned control number DO-MC-1463 by the Department of Defense Military Pay and Allowance Committee. C376

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