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B-183594 1 (1975-06-04)

handle is hein.gao/gaobadciv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES W WASHINGTON, 0. C. 20548 FILE: B-183594 DATE: JUN 4 1975 MATTER OF: Waiver of overpayments of retired pay under the Dual Compensation Act pursuant to 10 U.S.C. 2774. DIGEST: Waiver of indebtedness due United States under 10 U.S.C. 2774 which represents overpayment of retired pay in violation of statutory limitation of 5 U.S.C. 59a (1958), which imposed a $10,000 limitation of combined civilian and military retired pay per calendar year as elected by member, is denied because member should have been aware of overpayment and was partially at fault in not reporting, the overpayment, to proper administrative officials in order to prevent further overpayment. This action is in response to a letter dated March 6, 1975, from CWO-4 Salvatore Bosco, USA, Retired, addressed to the Honor- able DanLe B. rascell, House u RpenLatves, i-ch was Aforwaded to our Office for response, concerning his request for waiver of his indebtedness to the United States arising out of erroneous payments of retired pay in the amount of $2,198.46, which in effect requests reconsideration of the action taken in his case by the Transportation and Claims Division of this Office dated January 30, 1975, which denied waiver based upon a finding that he was at least partially at fault for the continuing erroneous payments. The record shows that the member was retired from the Regular Army on November 30, 1961, with a non-combat incurred permanent disability rating of 10 percent. On May 8, 1962, he accepted a civilian position with the Department of the Navy, U.S. Naval Station, Key West, Florida. The member was subject to the $10,000 yearly limitation on combined civilian earnings and military retired pay as contained in section 212 of the act of June 30, 1932, as amended, 5 U.S.C. 59a.(1958) Section 59a of title 5, United States Code (1958), provided in part thats (a) After June 30, 1932, no person holding a civilian office or position, appointive or elective, under the United States Government * * * shall be entitle,

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