About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-195558 1 (1981-01-06)

handle is hein.gao/gaobadtpq0001 and id is 1 raw text is: DECISION' FILE: B-19555 MATTER OF: DIGEST: 1. When an Army member is involuntarily separated from but later retroactively restored to active duty under the statute authorizing the correction of military records, 10 U.S.C. 1552, the monetary claims settlement to be con- cluded under that statute depends upon the member's legal entitlements and liabilities based solely upon proper application of the pertinent laws and regulations to the corrected record; thus, in the claims settlement the member is entitled to military backpay but is liable to refund any severance payments previously received under the corrected record showing he was not separated from active duty. 2. After a claims settlement is concluded in the'case of an Army member retro- actively restored to active duty status through the correction of his military records, the member may apply for an equitable adjustment of the settlement by requesting waiver under the provisions of 10 U.S.C. 2774 of erroneous severance payments appearing as liabilities in the settlement state- ment; ordinarily waiver will be favor- ably considered only to the extent of preventing the member from having a net indebtedness upon his actual return to active duty. 3. An Army officer who-was retroactively restored to active duty through the correction of his military records and who returned to active service with a net backpay award of $15,710.60 under his claims settlement, was nevertheless THE COMPPTROLLER GENERAL OF'THE UNITED STATES . .4 \A A S H IN G T 0 N 0. C 2 0 5 4 8 8 DATE: January 6, 1981 * ,S N

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most