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(DATE: January 29, 1997)Tj
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(In Re:)Tj
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(Claimant)Tj
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(Claims Case No. 96120901)Tj
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(The Claims Appeals Board declines jurisdiction over a matter where the c\
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(DECISION)Tj
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(A retired Air Force officer \(service member\), appeals the action of th\
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(The appeal concerns the legal )Tj
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(sufficiency of garnishing his retired pay to satisfy both arrears of)Tj
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(alimony and current spousal )Tj
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(maintenance obligations. )Tj
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(Also, he appears to appeal the settlement action of the U.S.)Tj
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(General )Tj
(Accounting Office \(GAO\) in denying his application for waiver of a deb\
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(overpaid his)Tj
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(his former spouse in 1994.)Tj
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(DFAS, this Office, and)Tj
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(Pursuant to Public Law No. 104-53, November 19, 1995, the )Tj
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(GAO's authority to settle claims for military pay)Tj
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(transferred to the Director of the Office of Management and Budget. )Tj
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(The)Tj
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(delegated his authority to the Secretary of Defense effective June 30, 1\
996. )Tj
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(authority by)Tj
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(resulting from the erroneous payment of )Tj
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(pay. )Tj
(The OMB Director delegated this authority to the Secretary of Defense)Tj
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(effective December 18, )Tj
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(1996. )Tj
(The Defense Office of Hearings and Appeals \(DOHA\) now exercises all of\
the authority)Tj
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(transferred or delegated to the Secretary of Defense through this Board,\
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(The Board can)Tj
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(entertain both aspects of the service member's claim. )Tj
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(DOHA is part of the )Tj
(Department of Defense \(DoD\) General)Tj
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(Counsel's Office, and DFAS is a separate entity under the )Tj
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(GAO is a legislative branch agency.)Tj
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(The service member contends that his retired pay cannot be considered fo\
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(obligation. )Tj
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(adversary proceeding before)Tj
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( The record in the Bankruptcy Court)Tj
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(indicates that the service member was divorced on )Tj
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(February 26, 1986; that he retired from the United States Air Force in)Tj
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(1988 under a disability )Tj
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(retirement pursuant to 10 U.S.C. )Tj
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(1201; and that alimony was awarded by the Circuit Court in)Tj
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(April )Tj
(1991, wherein each payment would be composed of part of the arrearage pl\
us the current payment. )Tj
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(On July 29,)Tj
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(1988, the service member waived his military retirement pay in an amount\
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(Veterans Affairs compensation)Tj
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(Since August 1, 1991, the )Tj
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(DFAS-Cleveland Center has responded to a garnishment order of)Tj
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(provisions of 42 )Tj
(U.S.C. )Tj
(659, 662.)Tj
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(In 1994, DFAS discovered that it did not make a deduction from the servi\
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