Waiver of Overpayments of Retired Pay Under the Dual Compensation Act

Salvatore Bosco, a retired military member, requested reconsideration of the denial of his request for waiver of his indebtedness to the United States which arose from erroneous payments of retired pay over a 5 year period. The overpayment of retired pay was in violation of the statutory limitation of $10,000 on the combined civilian and military retired pay per calendar year. Waiver of the indebtedness was denied since the member should have been aware of the overpayment and was partially at fault for not reporting the overpayment to the proper administrative officials in order to prevent further overpayment.