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B-238761 1 (1991-03-01)

handle is hein.gao/gaobadnvo0001 and id is 1 raw text is: 0Comptroler General of the United States 9. Washington, D.C. 2054 Decision Matter of: LTC Robert E. Fitzgerald, USA (Retired) File: B-238761 Date: March 1, 1991 DIGEST Former Army officer who accepted government civilian employment upon retirement from the Army received erroneous payments of retired pay because of administrative error by civilian officials in not reporting increases in his civilian pay to the Army for purposes of reducing his retired pay pursuant to the dual compensation laws. The resultant debt may be waived under 10 U.S.C. § 2774 since, under the circumstances, the retired officer could not reasonably be expected to have recognized that he was being overpaid. DECISION This action is in response to a request for reconsideration by LTC Robert E. Fitzgerald, USA, Retired, of our Claims Group's denial of waiver of a debt he incurred as a result of erroneous payments of retired pay. The erroneous payments were caused by a failure to properly apply the dual compensation law, 5 U.S.C. § 5532, when LTC Fitzgerald was employed in a civilian position with the government after he retired from the Army. For the following reasons, we believe that waiver is appropriate. LTC Fitzgerald retired from the Army on June 1, 1979, and was immediately employed by the Central Intelligence Agency (CIA). The dual compensation law requires a reduction in retired pay in that circumstance according to a formula set out in the statute. From 1979 until 1985 the CIA provided information to the Army regarding increases in LTC Fitzgerald's pay so that his retired pay could be reduced accordingly. The CIA failed to do so beginning in 1985. The resulting overpayment for the period January 6, 1985, through July 31, 1987, was $14,214.82. Our Claims Group, in its denial of his request for-waiver, concluded that LTC Fitzgerald must have been aware of the dual compensation restrictions and process; was not misled by the Army as to his entitlements during the period in question; /.

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