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B-200113 1 (1981-02-13)

handle is hein.gao/gaobadjck0001 and id is 1 raw text is: B-200113 THI COIPTMOLLE GENERAL OF THE UNLINTED STATES WASHINGTON, O.-C. 20548 DATE: 77ebrtary 13, 1981 Eugene M. Edynak, M.D. Under the statute authorizing Variable Incentive Pay to medical officers of the uniformed services who undertake active duty commitments and requiring a refund of incentive pay from an officer who voluntarily fails to complete his commitment, the early resignation of a Public Health Service (PHS) medical officer must be regarded as voluntary despite the officer's assertion that he felt he had no choice professionally bbt to resign when the PHS did not provide him with laboratory facilities and sec- retarial services promised him at the time of his recruitment. 37 U.S.C. 313. 2. An amount correctly and legally paid to a service member in the form of a bonus or special pay as an incentive for him to remain on active duty may not later be considered an erroneous payment within the meaning of the statute author- izing waiver of erroneous overpayments of compensation even though the member eon- cerned later becomes liable to refund all or part of the amount received if he fails to complete his active duty commitment; hence, collection of a former member's resulting debt in such situations may not be waived. 10 U.S.C. 2774. Eugene M. Edynak, M.D., requests reconsideration of our Claims Division's denial of his application for waiver of his debt to the United States arising out of his obligation to refund Variable Incentive Pay on account of his early resignation from the Public Health Service (PHS) in October 1977. In view of the facts presented, and the applicable provisions of law and regulation, we are sustaining the Claims Division's action. ( I3P Z- MATTER OF: DIGEST: 1. 0 EZZ'S'

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