[Request for Waiver of Retired Pay Overpayments]

A retired Marine Corps officer requested waiver of retired pay overpayments contending that the Corps should not reduce his retired pay by the amount he received as a civilian employee, since he: (1) was an enlisted member during the entire period of his active duty; and (2) served as a temporary limited duty officer for only 10 years of that time. GAO held that: (1) enlisted Corps members who retired during temporary appointments as officers were subject to the retired pay reduction provision; and (2) the claimant failed to notify the Corps of his dual compensation status. Accordingly, waiver was denied.