B-172318: Apr 6, 1976

DETERMINATIONS AS TO WHETHER A SERVICE MEMBER'S DISABILITY RETIREMENT FROM A UNIFORMED SERVICE RESULTED FROM INJURY OR DISEASE INCURRED AS A DIRECT RESULT OF ARMED CONFLICT OR CAUSED BY AN INSTRUMENTALITY OF WAR DURING A PERIOD OF WAR CAN ONLY BE MADE BY THE UNIFORMED SERVICE FROM WHICH HE IS RETIRED AND NEITHER THE EMPLOYING AGENCY NOR THIS OFFICE HAS THE AUTHORITY TO CHANGE THAT DETERMINATION. S...

B-172318: Apr 6, 1976

A retired Naval officer requested review of a reduction in retired pay, loss of leave credits, and establishment of indebtedness to the Government for overpayments of retired pay. These actions occurred after a review of military records indicated that the officer was noncombat-disability retired, resulting in a recomputation of retired pay. Since the member's disability retirement was not combat-...