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B-183533 1 (1976-08-26)

handle is hein.gao/gaobadugu0001 and id is 1 raw text is: T DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES / WAS HINGTO.N, D.C. 20548 DATE: AUG 1976 3ECISION FILE: B-1835 MATTER OF: ?-u ' 6 -J Q -) -;? ,', /0/ - -; /V,- , USAF, A retired Regular commissioned officer who accepts Federal civilian employment, and, who immediately executes a waiver of retired pay pursuant to 38 U. S. C. 3105 in order to receive veterans' disability com- pensation, which award is administratively delayed but when granted by VA Is made effective retroactively to date of waiver, has in effect reduced the legally authorized retired pay by the amount of the veterans' compensation: and, therefore, retired pay payrnents received by the member during the retroactive period must be adjusted under the dual compensation formula of 5 U. S. C. 5532 from the effective date of the waiver. This action is In response to a letter with enclosures, fronr: the Accounting and Finance Officer, Air Force Accounting and Finance Center, Denver, Colorado 80205, reauesting an advance decision concerning the propriety of making oavrment on a voucher qr $701.48, inf!avor of Lieutenant USAFrRetired, for additional retired pay for the period August 8, 1971, through March 31, 1972. The letter was forwarded to our Office by the Chief, Finance Group, Directorate of Accounting and Finance, Headquarters United States Air Force, and has beep assigned Air Force Request No. DO-AF-1233 by the Department of Defense Military Pay and Allowance Corn'mittee. Our Office has also received correspondence directly from the member in which he states that his entire cla~im for additional retired pay is in the total amount of $1,233. 09, for the period extending from August 8. 1971, through Mday 31, 15.73. In this con- nection, we have recently been advised by the Air Force Account irg and Finance Center that their reciest for decision In this case did not represent the member's entire claim, confirming that the period in question and the amount involved are as claimed by the member. We have been requested to include the issue of the meember's entitle- ment for the subsequent period in this decision. 55 Gb Lieutenant Colonel Retired -.076

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