Waiver of Overpayment of Retired Pay

B-184213: Aug 31, 1975

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Reconsideration of the denial of a retired military member's application for waiver of indebtedness was requested. The indebtedness, which arose as a result of an overpayment of retired pay during the period in which the retired member was employed in a civilian capacity by the U.S. Government, was not for waiver under the provisions of 10 U.S. C. 2774 when the indebtedness was discovered in July, 1969, more than 3 years prior to the date of the enactment of P.L. 92-453. Even if the overpayment were eligible for waiver under those provisions, it was ineligible for waiver on the basis that the request for waiver was filed more than 3 years after enactment of the law.