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[Retired Army Officer's Request for Indebtedness Waiver for Erroneous Reserve Retired Pay]

B-271426: Nov 4, 1996

A retired Army National Guard officer appealed the partial denial of his request for an indebtedness waiver for erroneous retired pay. GAO held that: (1) the claimant did not receive sufficient information to put him on notice that he was receiving erroneous payments until December 1991; (2) the claimant reasonably believed that his continued persistence to receive retired pay led to the Army rein...

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Matter of: Chief Warrant Officer Rafael G. Amalbert-Erroneous Retired Pay- Waiver File: B-271426 Date: November 4, 1996

B-271426: Nov 4, 1996

The service denied his application because he did not have certain required active duty service. The service discovered that he was not entitled to retired pay and placed him in debt for payments received. He should have known they were erroneous. We modify the Claims Group's settlement to waive collection of the amounts he received during the first 9 months of the second period since he had a bas...

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