Request for Waiver of Overpayment of Retired Pay

A retired Naval officer requested reconsideration of a Claims Division determination denying his request for waiver of erroneous overpayments of retired pay. According to the record, after the officer retired from the Navy he was appointed to an executive management position with the Energy Research and Development Administration (ERDA). During that period of employment, his military retired pay was not reduced as it should have been under the provisions of the Dual Compensation Act. As a result, the officer received more retired pay than he was entitled to. The officer should have been aware of the overpayment since he was knowledgeable of dual compensation regulations. His failure to question agency officials as to the applicability of the Dual Compensation Act made him at least partially at fault in the matter. This fault precluded any waiver of liability for erroneous payments made to him. Accordingly, the Claims Division determination was sustained.