[Request for Reconsideration of Decision Suspending Marine Corps Officer's Retired Pay]

A firm requested reconsideration of a decision concerning the suspension of a Marine Corps officer's retired pay. GAO had held that the Marine Corps properly suspended the officer's pay, since a constitutional provision prohibited officers from receiving emoluments from foreign governments without congressional consent. In its request for reconsideration, the protester contended that the claimant should not have been required to forfeit his retired pay, since no employer-employee relationship existed between him and the Saudi Arabian government. GAO held that the claimant was required to forfeit his retired pay, since the: (1) Saudi Arabian government had the right to control, supervise, and direct his activities; and (2) claimant failed to seek approval for his employment. Accordingly, the original decision was affirmed.