Reserve Members Restored to Duty

B-190375: Jun 13, 1978

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A decision was requested concerning proper adjustments to be made in the accounts of Army Reserve officers who were involuntarily separated from active service but were later restored to active-duty status retroactively by administrative corrective action. The members were entitled to retroactive payment of military pay and allowances but not to reimbursement of legal fees incurred in this matter or in damages. Acceptance of settlement by members bars further claims against the Government in this matter but does not bar subsequent requests for waiver of erroneous payments of military pay and allowances debited to members' accounts in settlement statements. Waiver of erroneous payments beyond the amount required to prevent indebtedness upon return to duty may be granted for leave payments required to be collected but for which, due to statutory leave limit, restoration cannot be made. If members improperly received Federal civilian compensation concurrrently with military pay, the civilian compensation is subject to recoupment but is also subject to waiver. Amounts of erroneous payments waived incident to the invalid releases from active duty would not be subject to recoupment as deductions from retired pay.

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