Waiver of Indebtedness for Overpayment of Retired Pay

B-183430: Nov 28, 1975

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A retired military member requested reconsideration of the denial of his request for waiver of an indebtedness arising from erroneous payments of retired pay. The amount of indebtedness could not be reduced by the amount already paid to the Department of the Treasury as additional federal income tax on the overpayment since the amount of the indebtedness was not affected by the amount paid in taxes. The collection of the erroneous overpayment may not be waived since the member was at fault in that he should have been aware of his clear obligation to report his employment by the government to the Army.