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B-235159 1 (1990-02-07)

handle is hein.gao/gaobadnrj0001 and id is 1 raw text is: \\J Q4 k The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Dr. Donald J. Mauthe - Request for Waiver File: B-235159 Date: February 7, t990 DECISION Dr. Donald J. Mauthe, a retired Air Force Lieutenant Colonel, asks that we reconsider a May 16, 1988, decision by our Claims Group partially denying his request for waiver of the government's claim for erroneous payments of retired pay in the amount of $31,407.40. Our Claims Group waived $25,440.30 of that amount, but denied waiver of the remaining $5,967.10. After the Claims Group's action, an audit of Dr. Mauthe's retired pay account by the Air Force revealed that he had received additional overpayments of retired pay in the amount of $10,705.45. Dr. Mauthe also seeks waiver of the claim for these erroneous payments. For the following reasons, we affirm our Claims Group's decision, and we deny Dr. Mauthe's further request for waiver. RECONSIDERATION REQUEST Dr. Mauthe retired from the Air Force in 1985. In February 1986 he accepted employment as a dentist with the Veterans Administration (VA), at an annual salary of $55,000, and apparently was assured by the VA that his employment was not subject to the restrictions of the Dual Compensation Act, 5 U.S.C. § 5532. That statute basically requires that the retired pay of a retired officer who holds a government position be reduced by a prescribed metnod, and that the combined total of salary and retired pay not exceed the rate of pay provided for level V of the Executive Schedule. 0-4-7-(

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