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(DATE: June 26, 1997)Tj
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(In Re:)Tj
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([Redacted])Tj
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(Claimant)Tj
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(A retired officer of the Navy who accepts civilian government employment\
may not reasonably rely )Tj
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(assurances concerning an exemption from the Dual Compensation Act, and i\
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(fault in drawing military retired)Tj
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(pay in an unreduced amount if he fails to notify his agency and his )Tj
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(military finance office of his dual status, to obtain a)Tj
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(definite determination of his entitlements. )Tj
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(Where service member relied on a statement by a personnel technician at \
the)Tj
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(civilian agency that the )Tj
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(needs of the agency was the basis for waiver, he is considered partially\
at fault for not verifying)Tj
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(his )Tj
(eligibility for such a waiver. )Tj
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(The member completed the appropriate paperwork for the Navy, but )Tj
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(never contacted)Tj
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(\(Standard Form 50\) confirming the)Tj
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(DECISION)Tj
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(This is in response to an appeal of the U.S. General Accounting Office's\
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(failure of the Department of Defense to apply the )Tj
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(5532. )Tj
(Pursuant to Section)Tj
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(104-53, 109 Stat. 514, November 19, 1995, the GAO's authority to settle \
claims for military pay)Tj
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(and Budget \(OMB\).)Tj
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(codified in Section 202\(n\) of Public Law No. 104-316, 110 Stat.)Tj
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(Additionally, under 105\(b\) of Public Law No. 104-316, Congress transfe\
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(OMB the GAO's authority to consider applications from service members fo\
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(The Director of OMB delegated )Tj
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(this authority to the Secretary of)Tj
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(April 27, 1989. )Tj
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(Action, SF-50,)Tj
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(typed on the bottom. )Tj
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(GAO)Tj
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(member being paid at the incorrect amount of)Tj
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(determination based)Tj
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(DFAS submitted copies of SF-50's furnished by State. )Tj
(A )Tj
(number of these corrected errors on the)Tj
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(member's initial SF-50 from State. )Tj
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(contained a statement indicating that a waiver of the)Tj
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(GAO )Tj
(amended its June 1995 settlement and denied the members application of)Tj
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