Claim for Retired Pay

B-183533: Aug 26, 1976

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An advance decision was requested regarding the claim of a retired military member for additional retired pay. The retired commissioned officer, who had accepted federal civilian employment, immediately executed a waiver of retired pay in order to receive veterans' disability compensation which was administratively delayed. When the disability compensation claim was granted by the Veterans Administration, it was made effective retroactively to the date of the waiver. Since the retired member in effect reduced the legally authorized retired pay by the amount of the veterans' compensation when he executed the waiver, the retired pay payments received by the member during the retroactive period must be adjusted under the dual compensation formula of 5 U.S.C. 5532 from the effective date of the waiver.