B-174959, FEB 28, 1973

B-174959: Feb 28, 1973

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IN THE AMOUNT OF $803.86 WHICH WAS WITHHELD FROM HIS RETIRED PAY BECAUSE HIS MANDATORY RETIREMENT DATE WAS ORIGINALLY ERRONEOUSLY COMPUTED TO BE SEPTEMBER 1. AS THE RESULT OF WHICH COMPUTATION HE WAS ERRONEOUSLY PAID $803.86 IN RETIRED PAY FROM SEPTEMBER 1. UNDER AUTHORITY OF 10 U.S.C. 2774 AND IN VIEW OF THE FACTS AND CIRCUMSTANCES INVOLVED IN THE CASE INDICATING NO FAULT ON THE PART OF COLONEL SIMERAL WE HAVE WAIVED THE CLAIM OF THE UNITED STATES AGAINST HIM.

B-174959, FEB 28, 1973

MILITARY PERSONNEL - WAIVER OF INDEBTEDNESS CONCERNING THE CLAIM OF THE UNITED STATES AGAINST COL. GEORGE A. SIMERAL, U.S.A.F., RETIRED, OF AN AMOUNT ERRONEOUSLY PAID HIM DUE TO AN ERRONEOUS COMPUTATION OF HIS MANDATORY RETIREMENT DATE. UNDER AUTHORITY OF 10 U.S.C. 2774 AND IN VIEW OF THE FACTS AND CIRCUMSTANCES INVOLVED IN THE CASE INDICATING NO FAULT ON THE PART OF COL. SIMERAL GAO WAIVED THE CLAIM OF THE UNITED STATES AGAINST HIM.

TO MR. SECRETARY:

THIS REFERS TO LETTER DATED FEBRUARY 7, 1973, OF THE ACTING ASSISTANT SECRETARY OF THE AIR FORCE (FINANCIAL MANAGEMENT) CONCERNING THE CLAIM AGAINST COLONEL GEORGE A. SIMERAL, USAF, RETIRED, IN THE AMOUNT OF $803.86 WHICH WAS WITHHELD FROM HIS RETIRED PAY BECAUSE HIS MANDATORY RETIREMENT DATE WAS ORIGINALLY ERRONEOUSLY COMPUTED TO BE SEPTEMBER 1, 1968, INSTEAD OF JUNE 1, 1968, AS THE RESULT OF WHICH COMPUTATION HE WAS ERRONEOUSLY PAID $803.86 IN RETIRED PAY FROM SEPTEMBER 1, 1968, THROUGH AUGUST 31, 1970, BECAUSE OF HIGHER PAY RATES EFFECTIVE ONLY FROM JULY 1, 1968.

UNDER AUTHORITY OF 10 U.S.C. 2774 AND IN VIEW OF THE FACTS AND CIRCUMSTANCES INVOLVED IN THE CASE INDICATING NO FAULT ON THE PART OF COLONEL SIMERAL WE HAVE WAIVED THE CLAIM OF THE UNITED STATES AGAINST HIM. HE SHOULD BE ADVISED OF OUR ACTION AND OF HIS RIGHT UNDER THE ACT TO FILE A CLAIM WITHIN TWO YEARS FROM THE DATE OF THE WAIVER FOR REFUND OF THE AMOUNT COLLECTED FROM HIM BECAUSE OF THESE OVERPAYMENTS OF RETIRED PAY.