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[Request for Reconsideration of Denial of Claim for Pay and Allowances]

B-216466 Nov 14, 1984
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Highlights

An Army reservist requested reconsideration of the Claims Group's denial of his claim for pay and allowances for past services. GAO noted that the reservist was informed prior to reporting for duty that, since funds were not available to pay him, he would perform the work without pay until such funds became available. His pay claim for that period of nonpay was denied because he was aware that he was performing work in a nonpay status. GAO held that: (1) the reservist clearly recognized that funds were not available when he accepted the duty; and (2) the Army is authorized to order a reservist into a nonpay status if that individual acknowledges and approves of the situation. Further, such authorization may not be amended retroactively to increase the government's liability. Accordingly, the Claims Group's decision was sustained.

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