United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao_comptroller_general legislative 2016-06-24 U.S. Government Publishing Office 1996-02-23 monographic deposited born digital 4 p. GA 1.13:B-266193 https://www.govinfo.gov/app/details/GAOREPORTS-B-266193 P0b002ee18fd4e60d f:266193 DGPO 2016-06-24 2016-06-24 GAOREPORTS-B-266193 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-266193 B-266193 Comptroller General Decision

An Army member separating from the service properly was paid separation pay upon separation. Subsequently, he was granted monthly disability compensation by the Department of Veterans Affairs retroactive to his separation from the Army. In this situation, the separation pay statute (10 U.S.C. sec. 1174) requires that there be deducted from the disability compensation an amount equal to the separation pay the former member received. A subsequent disability award does not render the separation pay payment "erroneous" and subject to waiver under 10 U.S.C. sec. 2774. Therefore, action by the General Accounting Office Claims Group waiving the separation pay was incorrect, and it is rescinded. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-266193/html/GAOREPORTS-B-266193.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-266193/pdf/GAOREPORTS-B-266193.pdf GAO/B-266193 https://www.govinfo.gov/app/details/GAOREPORTS-B-266193 Comptroller General Decision GAO/B-266193; Isaac L. Tillman-Separation Pay-Waiver Request; Title 5 Section 5595(a)(2) 5 U.S.C. 5595(a)(2) Title 10 Section 1174 Title 10 Section 1174(h) Title 10 Section 1174(h)(2) Title 10 Section 2774 10 U.S.C. 1174 10 U.S.C. 1174(h) 10 U.S.C. 1174(h)(2) 10 U.S.C. 2774 Title 38 Section 511(a) Title 38 Section 56 38 U.S.C. 511(a) 38 U.S.C. 56