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 1996-12-17 monographic deposited born digital 5 p. GA 1.13:B-270349 https://www.govinfo.gov/app/details/GAOREPORTS-B-270349 P0b002ee18fd4d3ba f:270349 DGPO 2016-06-24 2016-06-24 GAOREPORTS-B-270349 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-270349 B-270349 Comptroller General Decision

A Navy member was separated due to physical disability and was paid severance pay. The Board for Correction of Naval Records later corrected his record to show that he had been placed on the Temporary Disability Retired List rather than separated. The Department of Veterans Affairs (VA) awarded the member VA compensation, but has withheld payment setting off such amounts against the separation pay under 10 U.S.C. sec. 1212, which requires repayment of the amount of disability severance pay if the member becomes entitled to VA compensation for the same disability. The correction board's action entitled the member to retired pay but also rendered the disability severance pay payment erroneous and subject to collection, but also subject to consideration for waiver. Considering the purpose of the correction board action and to prevent the inequity of placing him in debt in the new status, the net amount of the member's debt, after deduction for retroactive retired pay entitlements, is waived pursuant to 10 U.S.C. sec. 2774. Whether VA compensation payments also may be begun is a matter within VA's jurisdiction to decide. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-270349/html/GAOREPORTS-B-270349.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-270349/pdf/GAOREPORTS-B-270349.pdf GAO/B-270349 https://www.govinfo.gov/app/details/GAOREPORTS-B-270349 Comptroller General Decision GAO/B-270349; Chief Hospital Corpsman, William R. Brown, USN; Title 10 Section 1203 Title 10 Section 1212 Title 10 Section 1212(c) Title 10 Section 1552 Title 10 Section 1552(a)(4) Title 10 Section 2774 10 U.S.C. 1203 10 U.S.C. 1212 10 U.S.C. 1212(c) 10 U.S.C. 1552 10 U.S.C. 1552(a)(4) 10 U.S.C. 2774 Title 38 Section 5304-5305 38 U.S.C. 5304-5305 Volume 110 Page 3826 110 Stat. 3826 Public Law 104-316