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[Request for Advance Decision on Validity of Claims for Flight Pay]

B-214584 Nov 14, 1984
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Highlights

An advance decision was requested as to: (1) the validity of payments of flight pay and aviation career incentive pay made to an Army officer; and (2) whether collection action should be taken to recover the payments. The Army found that the officer fraudulently qualified for flight training and duty by having someone else take an eye eligibility examination for flight school and by falsifying his medical records. Otherwise, the officer performed the aviator services. As a result of the allegations of fraud, the Army began collection action against the officer, and the officer protested the collection action, arguing that: (1) his medical disability could be waived; (2) he performed the required service; and (3) the government had not suffered from his actions. Flight pay and aviation career incentive pay are paid in addition to basic pay for performance of flight duty provided the member meets the requirements for such duty, including medical fitness standards. While the officer performed the duties, he did not meet the requirements for such duty because his flight orders were based on fraudulent information. Accordingly, the officer was not entitled to the flight pay or incentive pay which he received, and appropriate collection action should be taken.

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