[Retired Air Force Officer's Military Retired Pay Subject to Dual Compensation Restrictions]

The Air Force requested a decision concerning whether a retired officer was subject to reduction in his military retired pay under the dual compensation restriction pursuant to his employment by the the National Credit Union Administration (NCUA) which, as a nonappropriated fund instrumentality, was not subject to the restrictions. GAO held that: (1) NCUA was an executive agency that was statutorily required to use a special appropriation fund account for its expenditures; and (2) the claimant was not entitled to reimbursement for amounts withheld from his military retired pay. Accordingly, the claim was denied.