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B-197286 1 (1980-05-20)

handle is hein.gao/gaobadigw0001 and id is 1 raw text is: 0LLER -, f THE COMPTROLLER GENERAL DECISION I' A OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-197286 DATE: May 20, 1980 MATTER OF: Colonel Frederick H. Mueller, AUS, Retired DIG EST: Considering his rank, years of service, the amount of the erroneous overpay- ments, and the fact that he was aware of a discrepancy in the years of service credited to him for retired pay purposes, a service member who received overpayments of retired pay should have known that the payments were erroneous, and that he would be required to refund them. herefore, cVes7l/re waiver of 4h4s indebtedness is not granted. Colonel Frederick H. Mueller, AUS, Retired, requests reconsideration of our Claims Division's August 13, 1979 denial of his application for waiver of his debt to the United States in the total amount of $4,419.55. The debt arose from erroneous payments of military retired pay during the period September 25, 1975, through November 30, 1976. The denial of waiver is sustained. The record shows that the United States Army Finance and Accounting Center sent Colonel Mueller, USAFSA Form 20-101, dated August 15, 1975, relative to the data regarding the computation of his retired pay and he was advised that if he did not agree with the information furnished, to contact the Commander, Reserve Components Personnel and Administration Center (RCPAC), for verifica- tion. This document stated that he had 14.28 years' service for percentage purposes and that his retired pay would be computed at a rate equal to 2-1/2 percent of the monthly active duty pay he would receive if serving on active duty, on the effective date of granting of retired pay, in the highest grade satisfactorily held during the entire period of service multiplied by a number equal to the number of years, and any fraction thereof on the basis of 360 days per year. Prior to this, RCPAC had sent him AGUZ Form 249, Chronological Record of Military Service, dated March 5, 1975, which showed that he had 3,490 points creditable for computing years of service for retired pay.

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